Document ID: chunk:federal_register_of_legislation:C2004A04501:body:0:p18
Version: federal_register_of_legislation:C2004A04501
Segment Type: other
Provision Reference: 
Character Range: 95316–98279

it were a judgment of the Court.

Commission may require a person to give assistance in connection with application for civil penalty order

"1317EH.(1) This section applies where it appears to the Commission that a person may have contravened a civil penalty provision.

"(2) If the Commission, on reasonable grounds, suspects or believes that a person 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 Commission may, by writing given to the person, require the person to give all reasonable assistance in connection with such an application.

  "(3) Subsection (2) does not apply in relation to:

  (a) the person referred to in subsection (1); or

  (b) a person who is or has been that person's lawyer.

"(4) Where a person fails to give assistance as required under subsection (2):

  (a)     the person contravenes this subsection; and

    (b)     the Court may, on the application of the Commission, order the person to comply with the requirement as specified in the order.

"(5) Nothing in paragraph (4)(b) affects any penalty for a contravention of subsection (4).

  "(6) Nothing in this section limits, or is limited by:

  (a)     section 1317; or

  (b)     section 49 of the ASC Law.

"Division 3—Criminal proceedings

When contravention of civil penalty provision is an offence

"1317FA.(1) A person is guilty of an offence if the person contravenes a civil penalty provision:

  (a)     knowingly, intentionally or recklessly; and

  (b)     either:

         (i) dishonestly and intending to gain, whether directly or indirectly, an advantage for that or any other person; or

      (ii) intending to deceive or defraud someone.

"(2) A person who contravenes a civil penalty provision is not guilty of an offence except as provided by subsection (1).

Application for civil penalty order precludes later criminal proceedings

"1317FB. Criminal proceedings for an offence constituted by a contravention of a civil penalty provision cannot be begun if a person has already applied for a civil penalty order in relation to the same contravention, even if the application has been finally determined or otherwise disposed of.

                "Division 4—Effect of criminal proceedings on application for civil penalty order

When Division applies

"1317GA. This Division applies if criminal proceedings are begun against a person for an offence constituted by a contravention of a civil penalty provision.

Effect during criminal proceedings

"1317GB.(1) An application may be made for a civil penalty order against the person in relation to the same contravention.

"(2) However, an application is stayed, because of this subsection, until:

  (a)     the criminal proceedings; and

    (b)     all appeals and applications for review (including appeals and applications for review under this Division) arising out of the criminal