Part 3Investigation and enforcement
Investigation and enforcement by Panel: Exercise of inspection and evidence powers for overseas regulators
31QPanel's consideration of requests
The Panel may comply with a request under section 31P only if the Panel is satisfied that—
- compliance will not substantially affect the performance of its other functions; and
- it is appropriate to do so after taking into account any matters the Panel thinks relevant; and
- the Minister has given his or her approval for the Panel to comply with the request.
The Minister's approval may relate to a particular request, or a class or classes of requests, specified by the Minister.
The matters the Panel may take into account under subsection (1) include, without limitation,—
- whether the Panel is likely to be able to obtain the requested information, documents, or evidence:
- the cost to the Panel of complying with the request:
- whether the overseas regulator could more conveniently have the request satisfied from another source:
- the extent to which the functions of the overseas regulator correspond with the functions of the Panel:
- whether the overseas regulator would be likely to comply with a similar request made by the Panel and whether any arrangement with the overseas regulator to that effect exists:
- whether, in the Panel's opinion, it would be more appropriate for the request to be dealt with under the Mutual Assistance in Criminal Matters Act 1992.
Notes
- Section 31Q: inserted, on , by section 33 of the Takeovers Amendment Act 2002 (2002 No 45).


