Document ID: chunk:federal_register_of_legislation:C2004C01070:clause:2_13
Version: federal_register_of_legislation:C2004C01070
Segment Type: clause
Provision Reference: sch 2 cl 13
Character Range: 654103–656232

13  Finance Minister requiring person to assist

 (1) The Finance Minister 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.
The person must comply with the request.

Maximum penalty: 5 penalty units.

 (2) The Finance Minister 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 Finance Minister that someone other than the person required to assist may have contravened a civil penalty provision; and
 (b) the Finance Minister suspects or believes that the person required to assist can give information relevant to the application.

 (3) The Finance Minister can require the person to assist in connection with criminal proceedings if, and only if:
 (a) it appears to the Finance Minister 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 Commonwealth authority—an officer of the other person; or
 (iii) if the other person is an individual—a partner of the other person.

 (4) The Finance Minister 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.

 (5) 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.

 (6) The requirement to assist must be given in writing.

 (7) The Court may order the person to comply with the requirement in a specified way. Only the Finance Minister may apply to the Court for an order under this subsection.