National Consumer Credit Protection Act 2009
(a) as a result of an investigation; or
(b) from a record of an examination;
conducted under this Chapter, it appears to ASIC that a person:
(c) may have committed an offence against the Commonwealth credit legislation; and
(d) ought to be prosecuted for the offence. 274(2) [ ASIC may prosecute]
ASIC may cause a prosecution of the person for the offence to be brought and carried on.
274(3) [ ASIC may make requirements under subsection (4)]ASIC may make a requirement under subsection (4) if:
(a) ASIC, on reasonable grounds, suspects or believes that a person can give information relevant to a prosecution for the offence; or
(b) the offence relates to matters being, or connected with, affairs of a licensee, credit representative or other person who engages, or has engaged, in a credit activity, or to matters including such matters. 274(4) [ Reasonable assistance]
ASIC may, whether before or after a prosecution for the offence is begun, by writing given to any of the following persons:
(a) the person referred to in paragraph (3)(a);
(b) a representative, banker, lawyer or auditor of a person referred to in paragraph (3)(b);
require the person to give all reasonable assistance in connection with such a prosecution.
Note:
Failure to comply with a requirement made under this subsection is an offence (see section 290 ).
274(5) [ Strict liability]An offence under subsection
290(2)
relating to subsection
(4)
of this section is an offence of strict liability.
Note:
For strict liability, see section 6.1 of the Criminal Code .
274(6) [ When subsection (4) does not apply]Subsection (4) 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.
Note:
A defendant bears an evidential burden in relation to the matter in subsection (6), see subsection 13.3(3) of the Criminal Code .
274(7) [ Not a legislative instrument]A requirement made by ASIC under subsection (4) is not a legislative instrument.
274(8) [ Affect on other legislation]Nothing in this section affects the operation of the Director of Public Prosecutions Act 1983 .
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