Document ID: chunk:federal_register_of_legislation:C2024C00492:section:2:p18
Version: federal_register_of_legislation:C2024C00492
Segment Type: section
Provision Reference: s 2 (pt 18/45)
Character Range: 698405–700986

or not the body concerned is a defendant in the proceeding or in any other proceeding.

566‑25  Certain persons to assist in prosecutions
 (1) If a prosecution in respect of an offence against this Act has been instituted, or the Registrar is of the opinion that a prosecution in respect of an offence against this Act ought to be instituted, against a person (the defendant), the Registrar may:
 (a) if the defendant is a natural person—require any person who is or was a partner, employee or agent of the defendant; or
 (b) if the defendant is a body corporate—require any person who is or was an officer, employee or agent of the defendant;
to assist in the prosecution, and the person who is so required must give all assistance in connection with the prosecution that the person is reasonably able to give.
 (2) The Registrar must not make such a requirement as is mentioned in subsection (1) of a person who, in the opinion of the Registrar, is or is likely to be a defendant in the proceedings or is or has been such a person's lawyer.
 (3) If a person to whom paragraph (1)(a) or (b) relates fails to give assistance as required by subsection (1), the person contravenes this section and, without affecting any penalty to which the person may be liable for the contravention, the Court may, on the application of the Registrar, order the person to comply with the requirement within such time, and in such manner, as the Court orders.
 (4) In this section:
agent, in relation to the defendant, includes:
 (a) a banker of the defendant; and
 (b) a person engaged as an auditor by the defendant;
whether that person is an employee or an officer of the defendant or not.
 (5) A requirement by the Registrar under subsection (1) is not a legislative instrument.

Chapter 14—Courts and proceedings

Part 14‑1—Powers of courts

Division 576—Powers of courts

576‑1  Power to grant relief
 (1) If, in any civil proceeding against a person to whom this section applies for negligence, default, breach of trust or breach of duty in a capacity as such a person, it appears to the court before which the proceedings are taken:
 (a) that the person is or may be liable in respect of the negligence, default or breach but that the person has acted honestly; and
 (b) that, having regard to all the circumstances of the case, including those connected with the person's appointment, the person ought fairly to be excused for the negligence, default or breach;
the court may relieve the person either wholly or partly from liability on such terms as the court thinks fit.
 (2) If a person