(a)     accounts kept under this Part or otherwise by or on behalf of the solicitor or an associate of the solicitor;

        (b)     any other records kept by or on behalf of the solicitor or an associate of the solicitor; and

        (c)     any transactions to which the solicitor was a party or in which the solicitor acted for a party;

        (a)     a partner of the solicitor, whether or not the partner is a solicitor;

        (b)     an employee or agent of the solicitor;

        (c)     a corporation, or a member of a corporation, partnership, syndicate or joint venture, in which the solicitor or a person referred to in paragraph (a) or (b) has a beneficial interest;

    (d)     a co-trustee with the solicitor; or

        (e)     a person who is in a prescribed relationship to the solicitor or to a person referred to in paragraph (a), (b), (c) or (d);

        (a)     a firm of solicitors;

        (b)     a former solicitor;

        (c)     in relation to anything done or omitted by a solicitor—a deceased solicitor and a deceased former solicitor; and

        (d)     except in relation to anything done or omitted by a solicitor—the personal representative of a deceased solicitor or a deceased former solicitor.

“(2) For the purposes of the definition of ‘associate' in subsection (1), a person is in a prescribed relationship to a solicitor or other person if the relationship is that of—

        (a)     a spouse or de facto spouse;

        (b)     a child, grandchild, brother, sister, parent or grandparent (whether derived through a spouse or de facto spouse or otherwise); or

        (c)     a kind prescribed by the regulations for the purposes of this subsection.

“69A. (1) The Law Society may, by instrument under the common seal of the Society, appoint an investigator to investigate the affairs, or specified affairs, of a solicitor or solicitors.

“(2) A person is not eligible to be appointed under subsection (1) unless the person is—

        (a)     a solicitor;

        (b)     an accountant; or

        (c)     an officer or employee of the Law Society.

“(3) An instrument of appointment under subsection (1) shall specify—

        (a)     the period for which the investigator is appointed; and

        (b)     the nature of the investigation to be undertaken.

“69B. An investigator may, with the approval of the Council, appoint an assistant.

“69C. (1) A solicitor under investigation and any other person who has possession or control of any records of, or relating to the affairs of, the solicitor shall, if required to do so by an investigator who produces evidence of his or her appointment, provide the investigator or his or her assistant, with—

        (a)     access to such of the records as relate to the affairs being investigated;

        (b)     information relating to those records or affairs that the solicitor or other person is able to provide; and

        (c)     authorities or orders on bankers or other persons relating to those records or affairs that the solicitor or other person is able to provide.

Penalty: $5,000 or imprisonment for 6 months, or both.

“(2) If a record is not—

        (a)     in writing;

        (b)     written in the English language; or

        (c)     decipherable on sight;

a requirement to provide access to the record is not complied with unless access is provided to a statement, written in the English language and decipherable on sight, that contains all the information in the record.

“(3) A person is not entitled to refuse to comply with a requirement made of him or her under subsection (1) on the ground of legal professional privilege.

“(4) A person who complies with a requirement made under subsection  (1) is not, by reason only of that compliance, subject to any liability, claim or demand.

“69D. A person shall not hinder, obstruct or delay an investigator in the performance of functions under this Division.

Penalty: $5,000 or imprisonment for 6 months, or both.

“69E. A solicitor who contravenes section 69C or 69D is, whether or not convicted of an offence in relation to the contravention, guilty of professional misconduct.

“69F. (1) If, in the course of an investigation the Council requires him or her to do so, the investigator shall provide the Council with a progress report on the investigation.

“(2) On completing an investigation, the investigator shall—

        (a)     provide the Council with a written report on the investigation; and

        (b)     forward a copy of the report to the solicitor under investigation by post to the address of the solicitor last known to the Law Society.

“69G. (1) The costs of an investigation shall be paid by the Law Society out of the Fidelity Fund.

“(2) An amount equal to the costs of an investigation, as certified by the Council, is a debt due to the Law Society by the solicitor under investigation if, as a result of the investigation, the solicitor is found to have been guilty of professional misconduct or unsatisfactory professional conduct.

“69H. (1) An investigator or an investigator's assistant shall not, without reasonable excuse, make an unauthorised disclosure of—

        (a)     the appointment of the investigator or assistant;

        (b)     any matter that comes to his or her knowledge in the course of an investigation; or

        (c)     anything contained in a report under section 69F.

Penalty: $5,000 or imprisonment for 6 months, or both.

“(2) Subsection (1) does not prohibit a disclosure—

        (a)     of his or her appointment by an investigator in the course of making a requirement under section 69C;

        (b)     by an investigator to his or her assistant; or

        (c)     by an investigator's assistant to the investigator.

“(3) A member of the Council, a solicitor or an officer or employee of the Law Society shall not, without reasonable excuse, make an unauthorised disclosure to any person who is not a member of the Council of—

        (a)     the appointment of an investigator or assistant; or

        (b)     any matter contained in a report under section 69F.

Penalty: $5,000 or imprisonment for 6 months, or both.

“(4) For the purposes of subsections (1) and (3), a disclosure is an unauthorised disclosure if it is made otherwise than—

        (a)     in accordance with this Act;

        (b)     in or for the purposes of proceedings in a court;

        (c)     to the Attorney-General;

        (d)     at an inquiry under Division 2 of Part V; or

        (e)     to a police officer acting in the course of duty.

“(5) If an investigator states in a report under section 69F that there are reasonable grounds for suspecting professional misconduct, unsatisfactory professional conduct, improper conduct or other irregularity in relation to the affairs investigated, subsection (3) is not contravened by the disclosure by a member of the Council, a solicitor or an officer or employee of the Law Society of information in the report to a person to whom the Council, being satisfied that the person has a direct and relevant interest in the information, decides that the information should be disclosed.”.