Gathering information for application for pecuniary penalty
65D Gathering information for application for pecuniary penalty
This section applies if it appears to the Secretary that a person (the wrongdoer) may have contravened a civil penalty provision.
If the Secretary, on reasonable grounds, suspects that a person other than the wrongdoer can give information relevant to an application for a civil penalty order in relation to the contravention, whether or not such an application has been made, the Secretary may, by writing given to the person, require the person to give all reasonable assistance in connection with such an application.
Subsection (2) does not apply in relation to a duly qualified legal practitioner who is acting, or has acted, for the wrongdoer.
If a person fails to give assistance as required under subsection (2), a Court may, on the application of the Secretary, order the person to comply with the requirement as specified in the order.
If a person fails to give assistance as required under subsection (2), the person commits an offence against this subsection.
Penalty: 30 penalty units.
A requirement made under subsection (2) is not a legislative instrument.
This Act’s bill:Second reading speech
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