ASIC has released Document production guidelines for people who are required to produce documents and any other record of information, including electronic and hard copy books, to ASIC in connection with its investigations or surveillance activities.
A compulsory notice to produce is an important investigative tool for ASIC.
ASIC has powers to compel the production of electronic books, including the metadata associated with the books, and original hard copy books within a specific time period.
It can also request:
- Emails and chats;
- Recordings of telephone conversations;
- Text messages;
- Document or content management systems;
- Audio and video files;
- Encrypted files;
- Databases.
The guidelines explains:
- the preferred methods for producing books to ASIC in electronic and hard copy form;
- the benefits of producing books in accordance with the guidelines;
- the consequences of not following the guidelines, and
- how ASIC requests books to be produced when using a litigation support system.
ASIC’s position on legal professional privilege is set out in Information
Sheet 165 Claims of legal professional privilege (INFO 165).
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Author: David Jacobson
Principal, Bright Corporate Law
Email:
About David Jacobson
The information contained in this article is not legal advice. It is not to be relied upon as a full statement of the law. You should seek professional advice for your specific needs and circumstances before acting or relying on any of the content.
