49Commission may cause prosecution to be begun

#### 49 Commission may cause prosecution to be begun (1) This section applies where: (a) as a result of an investigation; or (b) from a record of an examination; conducted under this Part or a corresponding law, it appears to the Commission that a person: (c) may have committed an offence against a national scheme law, or a relevant previous law, of this jurisdiction, or Division 2 of Part 2; and (d) ought to be prosecuted for the offence. (2) The Commission may cause a prosecution of the person for the offence to be begun and carried on. (3) If: (a) the Commission, on reasonable grounds, suspects or believes that a person can give information relevant to a prosecution for the offence; or (b) the offence relates to matters being, or connected with, affairs of a body corporate, or to matters including such matters; the Commission may, whether before or after a prosecution for the offence is begun, by writing given to the person, or to an eligible person in relation to the body, as the case may be, require the person or eligible person to give all reasonable assistance in connection with such a prosecution. (4) Subsection (3) does not apply in relation to: (a) the person referred to in subsection (1); or (b) a person who is or has been that person’s lawyer. (5) Nothing in this section affects the operation of the Director of Public Prosecutions Act 1983 or that Act as it applies as a law of this jurisdiction.