Corporations (Aboriginal and Torres Strait Islander) Act 2006
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 ).
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