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Provisions supplemental to section 29.
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30.—(1) It shall be the duty of all officers, members and agents of a society the affairs of which are being investigated under section 29 to produce to the inspector all books, accounts, deeds, records or other documents of or relating to the society which are in their power, possession or procurement and otherwise to give to him all assistance in connection with the investigation which they are reasonably able to give, and the inspector may examine on oath the officers, members and agents of the society in relation to its business and for this purpose may administer an oath.
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(2) If any officer, member or agent of the society refuses to produce to the inspector any book or document which it is his duty under this section to produce or refuses to answer any question put to him by the inspector with respect to the affairs of the society, the inspector may certify the refusal under his hand to the Court and the Court may thereupon inquire into the case and, after hearing any witnesses who may be produced against or on behalf of the alleged offender and after hearing any statement which may be offered in defence, punish the offender in like manner as if he had been guilty of contempt of court.
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(3) Subject to subsection (4), if the inspector thinks it necessary for the purpose of his investigation that a person whom he has no power to examine on oath should be so examined, he may apply to the Court and the Court may, if it thinks fit, order that person to attend and be examined on oath before it on any matter relevant to the investigation, and on any such examination—
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(a) the inspector may take part therein by solicitor or counsel;
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(b) the Court may put such questions to the person examined as it thinks fit;
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(c) the person examined shall answer all such questions as the Court may put or allow to be put to him, but may at his own cost employ a solicitor (with or without counsel) who shall be at liberty to put to him such questions as the Court may think fit for the purpose of enabling him to explain or qualify any answers given by him;
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and notes of the examination shall be taken down in writing, and shall be read over to or by, and signed by, the person examined and may thereafter be used in evidence against him.
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(4) Notwithstanding anything in subsection (3) (c) the Court may allow the person examined such costs as, in its discretion, it may think fit, and any costs so allowed shall be paid as part of the expenses of the investigation.
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(5) An inspector appointed under section 29 shall make a report to the Registrar.
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(6) The Registrar shall—
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(a) forward a copy of any report made by an inspector under this section to the Minister, the Minister for Finance, the Minister for Industry and Commerce and the chief office of the society;
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(b) if he thinks fit, furnish a copy thereof on request and on payment of such fee as he may fix to any other person who is a member of the society or of any other body corporate dealt with in the report by virtue of section 29 (6) or whose interests as a creditor of the society or of any such other body corporate appear to the Registrar to be affected;
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(c) at the request of the applicants for the investigation, furnish a copy to them on payment of such fee as may be fixed by the Registrar;
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(d) furnish a copy to the Court where application is made to the Court under subsection (3).
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(7) The Registrar may, if he thinks fit, cause the report to be printed and published.
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(8) The Minister may lay the report under subsection (6) before each House of the Oireachtas and such publication shall be privileged.
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(9) (a) Where it appears to the Registrar that any person has, in relation to the society the affairs of which have been investigated under section 29, been guilty of any offence for which he is criminally liable, the Registrar shall refer the matter to the Director of Public Prosecutions.
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(b) Where the Director of Public Prosecutions institutes proceedings consequent on the receipt by him of a report under paragraph (a), it shall be the duty of all officers, members and agents of the society (other than the defendants in the proceedings) to give him all assistance in connection with the prosecution which they are reasonably able to give.
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(10) Where it appears to the Registrar after consideration of the inspector's report under subsection (5) that it is expedient to do so he may, unless the society is being wound up by the Court, petition the Court for an order to wind up the society under section 95.
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(11) (a) Where it appears to the Registrar after consideration of an inspector's report under subsection (5) that proceedings ought in the public interest to be brought by the society for damages, in respect of any fraud, misfeasance or other misconduct in connection with the promotion or formation of the society, for the recovery of any property misapplied or wrongfully retained, the Registrar may himself bring proceedings for that purpose in the name of the society.
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(b) The Minister may indemnify the society against any costs or expenses incurred by it in or in connection with any proceedings brought under paragraph (a).
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(12) A copy of any report of an inspector appointed under section 29 shall be admissible in any legal proceedings as evidence of the opinion of the inspector in relation to any matter contained in the report.
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(13) Nothing in this section shall require disclosure to the Registrar or to an inspector appointed by him—
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(a) by a solicitor of any privileged communication made to him in that capacity, or
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(b) by bankers of any information as to the affairs of any of their customers other than the society the affairs of which are being investigated.
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(14) (a) In this section any reference to officers or to agents of a society shall include past as well as present officers and agents and, for the purposes of this section, “agents” shall include the bankers, solicitors and auditors of the society.
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(b) Where an inspector investigates under section 29 (6) the affairs of any other society or any body corporate, any reference in this section to officers or to agents of a society shall be construed as including a reference to officers or agents of that other society or body corporate.
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