Corporations Act 2001
Where a prosecution in respect of an offence against this Act has been instituted, or ASIC is of the opinion that a prosecution in respect of an offence against this Act ought to be instituted, against a person (in this section referred to as the defendant ), ASIC 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 must give all assistance in connection with the prosecution that that person is reasonably able to give.
[ CCH Note: S 1317(1) will be amended by No 8 of 2022, s 3, Sch 2, by inserting the note, (effective 1 July 2022). The note will read:
Note: This section applies in relation to a defendant who is a CCIV with modifications: see section 1242D .]
ASIC must not make such a requirement as is mentioned in subsection (1) of a person who, in the opinion of ASIC, is or is likely to be a defendant in the proceedings or is or has been such a person ' s lawyer. 1317(3)
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 ASIC, order the person to comply with the requirement within such time, and in such manner, as the Court orders. 1317(4)
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.