CORPORATIONS ACT 2001
(a) an application for a declaration of contravention or a pecuniary penalty order; or
(b) criminal proceedings for an offence against this Act. 1317R(2) [ Requirement to assist for declaration or order]
(a) it appears to ASIC that someone other than the person required to assist may have contravened a civil penalty provision; and
(b) ASIC suspects or believes that the person required to assist can give information relevant to the application. 1317R(3) [ Requirement to assist in criminal proceedings]
(a) it appears to ASIC 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 corporation - an officer or employee of the other person; or
(iii) if the other person is an individual - a partner of the other person.
(a) an application for the declaration or penalty order has actually been made; or
(b) criminal proceedings for the offence have actually begun. 1317R(5) [ Exception to requirement]
(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. 1317R(6) [ Requirement in writing]
The requirement to assist must be given in writing.1317R(7) [ Power of Court]
The Court may order the person to comply with the requirement in a specified way. Only ASIC may apply to the Court for an order under this subsection.1317R(8) [ Not limited by ASIC Act]
This section does not limit and is not limited by section 49 of the ASIC Act.
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