CCH Note:
Part 13 of the
Corporations Act 1989, inserted
by sec 6 of No 110 of 1990, Sch 1 (effective 1 January 1991), begins as
follows:
PART 13 - THE CORPORATIONS LAW
THE CORPORATIONS LAW
82
The Corporations Law is as follows:...
CHAPTER 9 - MISCELLANEOUS
PART 9.4B - CIVIL CONSEQUENCES OF CONTRAVENING CIVIL PENALTY PROVISIONS
History
Part 9.4B substituted by No 156 of 1999, Sch 1 (effective 13 March 2000).
SECTION 1317R
ASIC REQUIRING PERSON TO ASSIST
1317R(1)
[Provision of reasonable assistance]
ASIC may require a person to give all reasonable assistance in connection with:
(a)
an application for a declaration of contravention or a pecuniary penalty order; or
(b)
criminal proceedings for an offence against this Law.
History
S 1317R(1) inserted by No 156 of 1999, Sch 1 (effective 13 March 2000).
1317R(2)
[Requirement to assist for declaration or order]
ASIC can require the person to assist in connection with an application for a declaration or order if, and only if:
(a)
it appears to ASIC that someone other than the person required to assist may have contravened a civil penalty provision; and
(b)
ASIC suspects or believes that the person required to assist can give information relevant to the application.
History
S 1317R(2) inserted by No 156 of 1999, Sch 1 (effective 13 March 2000).
1317R(3)
[Requirement to assist in criminal proceedings]
ASIC can require the person to assist in connection with criminal proceedings if, and only if:
(a)
it appears to ASIC that the person required to assist is unlikely to be a defendant in the proceedings; and
(b)
the person required to assist is, in relation to a person who is or should be a defendant in the proceedings:
(i) an employee or agent (including a banker or auditor) of the other person; or
(ii) if the other person is a corporation - an officer of the other person; or
(iii) if the other person is an individual - a partner of the other person.
History
S 1317R(3) inserted by No 156 of 1999, Sch 1 (effective 13 March 2000).
1317R(4)
[Where requirement can be made]
ASIC can require the person to assist regardless of whether:
(a)
an application for the declaration or penalty order has actually been made; or
(b)
criminal proceedings for the offence have actually begun.
History
S 1317R(4) inserted by No 156 of 1999, Sch 1 (effective 13 March 2000).
1317R(5)
[Exception to requirement]
The person cannot be required to assist if they are or have been a lawyer for:
(a)
in an application for a declaration or penalty order - the person suspected of the contravention; or
(b)
in criminal proceedings - a defendant or likely defendant in the proceedings.
History
S 1317R(5) inserted by No 156 of 1999, Sch 1 (effective 13 March 2000).
1317R(6)
[Requirement in writing]
The requirement to assist must be given in writing.
History
S 1317R(6) inserted by No 156 of 1999, Sch 1 (effective 13 March 2000).
1317R(7)
[Power of Court]
The Court may order the person to comply with the requirement in a specified way. Only ASIC may apply to the Court for an order under this subsection.
Note:
The person must comply with the requirement and may commit an offence if they do not, even if there is no order under this subsection (see section 104 and subsection 1311(1)).
History
S 1317R(7) inserted by No 156 of 1999, Sch 1 (effective 13 March 2000).
1317R(8)
[Not limited by ASIC Law]
This section does not limit and is not limited by section 49 of the ASIC Law.
History
S 1317R(8) amended by No 156 of 1999, s 3, Sch 11, Pt 1(1) and (16) (effective 25 November 2000).
S 1317R(8) inserted by No 156 of 1999, Sch 1 (effective 13 March 2000).
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