s.10Inquiries into condition and management of non-profit organisations
10
Section 10Part 4 — POWER OF ATTORNEY GENERAL TO INSTITUTE INQUIRIES

Inquiries into condition and management of non-profit organisations

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The Attorney General may, either independently or pursuant to a referral from the Registrar, inquire into any issue concerning the operations of a non-profit organisation including —
its purposes, administration and management; and
its value and source or application of money or other property received or distributed.
An inquiry referred to in subsection (1) may specifically be carried out for the purpose of investigating any non-profit organisation that is suspected of having committed an offence under the Terrorism Law (2018 Revision), the Proceeds of Crime Law (2020 Revision) or any other law in which a contravention may constitute wrongdoing on the part of the non-profit organisation.
The Attorney General may appoint an officer or any other person to conduct an inquiry in any case for the purposes of subsections (1) and (2).
A controller shall, on a written request by the Attorney General or the Attorney General's appointee —
furnish financial statements in writing with respect to any matter in question at the inquiry;
return answers in writing to questions;
verify statements or answers by statutory declaration;
provide copies of documents in the controller's custody or under the controller's control which relate to a matter in question at the inquiry and verify them by statutory declaration;
attend at a specified time and place in order to give evidence or produce documents;
provide all books, papers, writings and documents in relation to the non-profit organisation or to the administration, management, value, condition and application of the property and income of the non-profit organisation; and
answer all questions and give all assistance in connection with the inquiry that the controller is reasonably able to answer or give.
The Attorney General shall be entitled, without payment, to inspect and take copies of or extracts from the records or other documents of any court, public registry, public authority or office of records for any purpose connected with the discharge of the functions of the Attorney General with respect to a non-profit organisation.
A person who fails to comply with a request under subsection (4) commits an offence and is liable on summary conviction, to a fine of three thousand dollars or to imprisonment for a term of one year or to both.
For the purposes of an inquiry, evidence may be taken on oath and the person conducting the inquiry may, for that purpose, administer the oath or instead of administering an oath, require the person examined to make and subscribe a declaration of the truth of the matters about which the second-mentioned person is examined.
A person appointed by the Attorney General to conduct an inquiry shall provide a report of that inquiry to the Attorney General.
A copy of the report shall, if certified by the Attorney General to be a true copy, be admissible as evidence —
of any fact stated in the report; or
of the opinion of a person as to any matter referred to in the report,
in any legal proceedings instituted in respect of a non-profit organisation as a result of an inquiry under this section.
Where, at any time after the Attorney General has instituted an inquiry under this section, the Attorney General is satisfied —
that there has been wrongdoing on the part of the non-profit organisation;
that there is or has been any misconduct or mismanagement in the administration of the non-profit organisation;
that a non-profit organisation may have committed a breach of this Law or any other law; or
that it is necessary or desirable to act for the purpose of —
protecting the property of the non-profit organisation;
securing the proper application of the property for the purposes of the non-profit organisation; or
protecting property that may be given to the non-profit organisation,
the Attorney General may refer the matter to the Director of Public Prosecutions for a determination or take such action as set out in subsection (11).
The action referred to in subsection (10) may include making an application to the court in respect of any money or other property of the non-profit organisation for an order to —
require a controller to carry out the purposes for which the money or other property is held and to comply with the provisions of any scheme relating to the non-profit organisation;
establish a scheme for the administration of the non-profit organisation;
require a controller to meet that controller's liability for any breach of trust affecting the money or other property as the court may direct;
remove a controller who has been responsible for, or privy to, any wrongdoing, misconduct or mismanagement in the administration of a non-profit organisation, or has, by that controller's conduct, contributed to it or facilitated it;
appoint another person as a controller of the non-profit organisation;
exclude any purpose from the purposes for which the money or other property may be used, applied or disposed of;
give directions in respect of the administration of the trust, or in respect of any inquiry or in respect of any question to be answered or assistance to be given by any person in connection with that inquiry;
direct that, on and after the date of the order or any subsequent date specified in the order, the property subject to the trust shall not be used, applied or disposed of otherwise than in accordance with a scheme that, after the date of the order, is approved by the court;
preclude the employment or engagement of any named person in the affairs of the non-profit organisation;
direct a bank which or person who is in control of the money or other property of the non-profit organisation not to distribute the money or other property without the approval of the court or the Attorney General or the Attorney General's appointee;
restrict the transactions which may be entered into or the nature or amount of the payments which may be made, in the administration of the non-profit organisation, without the approval of the court or the Attorney General, or a person authorised by the Attorney General; and
appoint a receiver of the money or other property of the non-profit organisation.
A person appointed by order of the court under this section as a receiver of the money or other property of a non-profit organisation —
may require a controller to deliver to the receiver any money or other property for which the person has been appointed receiver or to give to the receiver all such information concerning that money or other property as may reasonably be required;
may acquire and take possession of any money or other property for which the person has been appointed receiver;
may deal with any money or other property that the person has acquired or which the person has taken possession of in any manner in which a controller might lawfully have dealt with the money or other property; and
has such other powers and duties in respect of the money or other property as the court specifies in the order.

Cross References