Corporations (Aboriginal and Torres Strait Islander) Act 2006

CHAPTER 8 - CIVIL CONSEQUENCES OF CONTRAVENING CIVIL PENALTY PROVISIONS  

Division 386 - Civil consequences of contravening civil penalty provisions  

SECTION 386-55   REGISTRAR REQUIRING PERSON TO ASSIST  

386-55(1)    
The Registrar 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 Act .

386-55(2)    
A requirement under subsection (1) is not a legislative instrument.

386-55(3)    
The Registrar can require the person to assist in connection with an application for a declaration or order if, and only if:

(a)    it appears to the Registrar that someone other than the person required to assist may have contravened a civil penalty provision; and

(b)    the Registrar suspects or believes that the person required to assist can give information relevant to the application.

386-55(4)    
The Registrar can require the person to assist in connection with criminal proceedings if, and only if:

(a)    it appears to the Registrar 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 body corporate - an officer or employee of the other person; or

(iii) if the other person is an individual - a partner of the other person.

386-55(5)    
The Registrar 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.

386-55(6)    
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.

386-55(7)    
The requirement to assist must be given in writing.

386-55(8)    
The Court may order the person to comply with the requirement in a specified way. Only the Registrar 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 694-100 ).