THE CORPORATIONS LAW

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 9.4 - OFFENCES

Division 2 - Offences generally

SECTION 1317 CERTAIN PERSONS TO ASSIST IN PROSECUTIONS

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1317(1) [Partners, employees, agents, company officers]

Where a prosecution in respect of an offence against this Law has been instituted, or the Commission is of the opinion that a prosecution in respect of an offence against this Law ought to be instituted, against a person (in this section referred to as the ``defendant'' ), the Commission 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 shall give all assistance in connection with the prosecution that that person is reasonably able to give.

1317(2) [Defendant or person's lawyer]

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

1317(3) [Failure to give assistance]

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 Commission, order the person to comply with the requirement within such time, and in such manner, as the Court orders.

1317(4) [``agent'']

In this section, ``agent'' , in relation to the defendant, includes a banker of the defendant and a person engaged as an auditor by the defendant, whether that person is an employee or an officer of the defendant or not.

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