Document ID: chunk:federal_register_of_legislation:C2004A02825:body:0:p81
Version: federal_register_of_legislation:C2004A02825
Segment Type: other
Provision Reference: 
Character Range: 199608–202323

property of which a receiver has been appointed has engaged in conduct referred to in paragraph (1) (b) in relation to the company or registered foreign company,
and that the receiver has not made a report to the Commission with respect to the matter, the Court may, on the application of a person interested in the appointment of the receiver or of its own motion, direct the receiver to make such a report.

Prosecution of delinquent officers and members
"324d. (1) Where a report is made under section 324c, the Commission may, if it thinks fit, investigate the matter.
"(2) Where the Commission decides to institute a prosecution against a person following a report to the Commission under section 324c, the Commission may, by notice in writing given before or after the institution of the prosecution, require an officer of the company or registered foreign company to which the matter reported to the Commission relates (not being an officer who is, or, in the opinion of the Commission, is likely to be, a defendant in the proceedings or who is or has been a duly qualified legal practitioner acting for such a person) to give all assistance in connection with the prosecution or proposed prosecution that he is reasonably able to give.

"(3) Where a person is required pursuant to sub-section (2) to give assistance in connection with a prosecution or proposed prosecution, the person shall not—
     (a) without reasonable excuse, refuse or fail to comply with the requirement; or
     (b) in purported compliance with the requirement, furnish information or make a statement that is false or misleading in a material particular.
Penalty: $10,000 or imprisonment for 2 years, or both.
"(4) A person is not excused from furnishing information pursuant to a requirement made of him under sub-section (2) on the ground that the information might tend to incriminate him but, where the person claims before furnishing information that the information might tend to incriminate him, the information is not admissible in evidence against him in criminal proceedings other than proceedings under this section.
"(5) For the purposes of sub-section (2), 'officer', in relation to a company or registered foreign company, means a person who is an officer of the company or registered foreign company as defined in sub-section 5 (1) and includes—
     (a) a person who has at any time been an officer of the company or registered foreign company as defined in that sub-section or in the corresponding provision of a previous law of the Territory;
     (b) in relation to a registered foreign company—a person who is, or has at any time been, an agent of the registered foreign company as defined in Division 5 of Part