Section 342: Reports of offences and production and inspection of accounting
consolidated text (as at 2018, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
342. Reports of offences and production and inspection of accounting
records
(1) Where the Court, the Official Receiver, the Registrar or a liquidator is
of opinion that an offence against the Act has been committed by any person, it shall forthwith refer the matter to the Director of Public Prosecutions.
(2) Where on application made to the Court by the Registrar or a police
officer of or above the rank of Assistant Superintendent, there is shown to
be reasonable cause to believe that any person has, while a director or other
officer of a company, committed an offence in connection with the management of the company’s affairs and that evidence of the commission of
the offence is to be found in any accounting records or papers of or under
the control of the company, the Court may make an order—
(a) authorising any person named therein to inspect the said
accounting records or papers or any of them for the purposes of
investigating and obtaining evidence of the offence; or
(b) requiring the Secretary of the company or such officer thereof as
may be named to produce the said accounting records or papers
to a person named in the order, at a place so named, by a specific date.
(3) An auditor of a company shall, for the purposes of this section, be
deemed to be an officer of the company.
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Questions this section answers
- Must the Registrar report a suspected company offence to the Director of Public Prosecutions?
- Can the Court order a company's accounting records to be produced to investigate an offence?