Superannuation Industry (Supervision) Act 1993

PART 21 - CIVIL AND CRIMINAL CONSEQUENCES OF CONTRAVENING CIVIL PENALTY PROVISIONS  

Division 2 - Civil penalty orders  

SECTION 201   THE REGULATOR MAY REQUIRE A PERSON TO GIVE ASSISTANCE IN CONNECTION WITH APPLICATION FOR CIVIL PENALTY ORDER  

201(1)    
This section applies if it appears to the Regulator that a person may have contravened a civil penalty provision.

201(2)    
If the Regulator, on reasonable grounds, suspects or believes that a person can give information relevant to an application for a civil penalty order in relation to the contravention (whether or not such an application has been made), the Regulator may, by writing given to the person, require the person to give all reasonable assistance in connection with such an application.

201(3)    
Subsection (2) does not apply in relation to:

(a) the person referred to in subsection (1); or

(b) a person who is or has been that person ' s lawyer.

201(4)    
If a person fails to give assistance as required under subsection (2):

(a) the person commits an offence punishable on conviction by a fine not exceeding 5 penalty units; and

(b) the Court may, on the application of the Regulator, order the person to comply with the requirement as specified in the order.

201(4A)    

Paragraph (4)(a) is an offence of strict liability.

Note 1:

Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

Note 2:

For strict liability , see section 6.1 of the Criminal Code .

201(5)    
Paragraph (4)(b) does not affect any penalty for an offence referred to in paragraph (4)(a).