Examination of investigated entity or associated person
581F Examination of investigated entity or associated person
An investigated entity or associated person for an investigated entity must not—
fail to comply with a lawful requirement (a relevant requirement) of a special investigator to the extent the person is able to comply with it; or
in purported compliance with a relevant requirement, give information to a special investigator knowing it to be false or misleading in a material particular; or
when appearing before a special investigator for examination under a relevant requirement—
state anything knowing it is false or misleading in a material particular; or
fail to be sworn or to make an affirmation.
Maximum penalty—300 penalty units or 2 years imprisonment.
Subsection (1) does not apply to a person if the person, when giving information in a document—
tells the special investigator, to the best of the person’s ability, how the information is false or misleading; and
if the person has, or can reasonably obtain, the correct information—gives the correct information to the special investigator.
A person who complies with a relevant requirement of a special investigator under this section does not merely because of the compliance—
contravene a provision of an Act or a law imposing a statutory or commercial obligation or restriction to maintain secrecy; or
incur any civil liability.
A person required to attend for examination under this chapter is entitled to the allowances and expenses prescribed by regulation.
This provision refers to the regulations (prescribed by regulation
). Made under this Act:
- Legal Profession Regulation 2017
- Legal Profession (Australian Solicitors Conduct Rules) Notice 2024
- Legal Profession (Barristers Rules) Notice 2025
1 more instrument made under this Act are listed on the Act’s overview.
This Act’s bill:Explanatory memorandum
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