73Requirement for person to assist with applications for civil penalty orders

73 Requirement for person to assist with applications for civil penalty orders

(1) A person commits an offence if: (a) the Director‑General requires, in writing, the person to give all reasonable assistance in connection with an application for a civil penalty order; and (b) the person fails to comply with the requirement.

Penalty: 10 penalty units.

(2) A requirement under subsection (1) is not a legislative instrument. (3) The Director‑General may require a person to assist under subsection (1) only if: (a) it appears to the Director‑General that the person is unlikely to have: (i) contravened the civil penalty provision to which the application relates; or (ii) committed an offence constituted by the same, or substantially the same, conduct as the conduct to which the application relates; and (b) the Director‑General suspects or believes that the person can give information relevant to the application. (4) The Director‑General cannot require a person to assist under subsection (1) if the person is or has been a lawyer for the person suspected of contravening the civil penalty provision to which the application relates. (5) A relevant court (within the meaning of 72(3)) may order a person to comply with a requirement under subsection (1) in a specified way. Only the Director‑General may apply to the court for an order under this subsection. (6) For the purposes of this section, it does not matter whether the application for the civil penalty order has actually been made.

Note: Subsection (1) does not abrogate or affect the law relating to legal professional privilege or the privilege against self‑incrimination.