CORPORATIONS ACT 2001

CHAPTER 9 - MISCELLANEOUS  

PART 9.4B - CIVIL CONSEQUENCES OF CONTRAVENING CIVIL PENALTY PROVISIONS  

Division 2 - Procedural and other matters relating to orders by the Court  

SECTION 1317R   ASIC REQUIRING PERSON TO ASSIST  

1317R(1)   [ Provision of reasonable assistance]  

ASIC 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.

1317R(2)   [ Requirement to assist for declaration or order]  

ASIC can require the person to assist in connection with an application for a declaration or order if, and only if:


(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]  

ASIC can require the person to assist in connection with criminal proceedings if, and only if:


(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.

1317R(4)   [ Where requirement can be made]  

ASIC 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.

1317R(5)   [ Exception to requirement]  

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.

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.

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 104 and subsection 1311(1) ).

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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