Document ID: chunk:federal_register_of_legislation:C2024C00492:section:6:p138
Version: federal_register_of_legislation:C2024C00492
Segment Type: section
Provision Reference: s 6 (pt 138/175)
Character Range: 520978–523755

person has been disqualified from managing an Aboriginal and Torres Strait Islander corporation under Part 6‑5.

386‑50  Evidence given in proceedings for penalty not admissible in criminal proceedings
  Evidence of information given or evidence of production of documents by an individual is not admissible in criminal proceedings against the individual if:
 (a) the individual previously gave the evidence or produced the documents in proceedings for a pecuniary penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and
 (b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the contravention.
However, this does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the pecuniary penalty order.

386‑55  Registrar requiring person to assist
 (1) The Registrar may require a person to give all reasonable assistance in connection with:
 (a) an application for a declaration of contravention or a pecuniary penalty order; or
 (b) criminal proceedings for an offence against this Act.
 (2) A requirement under subsection (1) is not a legislative instrument.
 (3) The Registrar can require the person to assist in connection with an application for a declaration or order if, and only if:
 (a) it appears to the Registrar that someone other than the person required to assist may have contravened a civil penalty provision; and
 (b) the Registrar suspects or believes that the person required to assist can give information relevant to the application.
 (4) The Registrar can require the person to assist in connection with criminal proceedings if, and only if:
 (a) it appears to the Registrar that the person required to assist is unlikely to be a defendant in the proceedings; and
 (b) the person required to assist is, in relation to a person who is or should be a defendant in the proceedings:
 (i) an employee or agent (including a banker or auditor) of the other person; or
 (ii) if the other person is a body corporate—an officer or employee of the other person; or
 (iii) if the other person is an individual—a partner of the other person.
 (5) The Registrar can require the person to assist regardless of whether:
 (a) an application for the declaration or penalty order has actually been made; or
 (b) criminal proceedings for the offence have actually begun.
 (6) The person cannot be required to assist if they are or have been a lawyer for:
 (a) in an application for a declaration or penalty order—the person suspected of the contravention; or
 (b) in criminal proceedings—a defendant or likely defendant in the proceedings.
 (7) The requirement to assist