Corporations (Aboriginal and Torres Strait Islander) Act 2006

CHAPTER 13 - OFFENCES  

PART 13-2 - GENERAL MATTERS RELATING TO OFFENCES  

Division 566 - General matters relating to offences  

SECTION 566-25   CERTAIN PERSONS TO ASSIST IN PROSECUTIONS  

566-25(1)    
If a prosecution in respect of an offence against this Act has been instituted, or the Registrar is of the opinion that a prosecution in respect of an offence against this Act ought to be instituted, against a person (the defendant ), the Registrar may:

(a)    if the defendant is a natural person - require any person who is or was a partner, employee or agent of the defendant; or

(b)    if the defendant is a body corporate - require any person who is or was an officer, employee or agent of the defendant;

to assist in the prosecution, and the person who is so required must give all assistance in connection with the prosecution that the person is reasonably able to give.

566-25(2)    
The Registrar must not make such a requirement as is mentioned in subsection (1) of a person who, in the opinion of the Registrar, is or is likely to be a defendant in the proceedings or is or has been such a person ' s lawyer.

566-25(3)    
If a person to whom paragraph (1)(a) or (b) relates fails to give assistance as required by subsection (1) , the person contravenes this section and, without affecting any penalty to which the person may be liable for the contravention, the Court may, on the application of the Registrar, order the person to comply with the requirement within such time, and in such manner, as the Court orders.

566-25(4)    
In this section:

agent
, in relation to the defendant, includes:

(a) a banker of the defendant; and

(b) a person engaged as an auditor by the defendant;

whether that person is an employee or an officer of the defendant or not.

566-25(5)    
A requirement by the Registrar under subsection (1) is not a legislative instrument.