Document ID: chunk:federal_register_of_legislation:C2024C00632:section:42ye
Version: federal_register_of_legislation:C2024C00632
Segment Type: section
Provision Reference: s 42YE
Character Range: 987459–988623

42YE  Gathering information for application for pecuniary penalty
 (1) This section applies if it appears to the Secretary that a person (the wrongdoer) may have contravened a civil penalty provision.
 (2) If the Secretary, on reasonable grounds, suspects that a person other than the wrongdoer 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 Secretary 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 duly qualified legal practitioner who is acting, or has acted, for the wrongdoer.
 (4) If a person fails to give assistance as required under subsection (2), the Federal Court may, on the application of the Secretary, order the person to comply with the requirement as specified in the order.
 (5) If a person fails to give assistance as required under subsection (2), the person commits an offence against this subsection.
Penalty: 30 penalty units.

Division 2—Civil penalty proceedings and criminal proceedings