91Recovery of expenses of investigation

#### 91 Recovery of expenses of investigation (1) Subject to subsection (1A), where: (a) a person is convicted of an offence against a law of this jurisdiction in a prosecution; or (b) a judgment is awarded, or a declaration or other order is made, against a person in a proceeding in a court of this jurisdiction; or (ba) a person is convicted of an offence against Division 2 of Part 2 in a prosecution; or (bb) a judgment is awarded, or a declaration or other order is made, against a person under Division 2 of Part 2 in a proceeding in a court; begun as a result of an investigation under Division 1 or a corresponding law of another jurisdiction, the Commission may make one of the following orders: (c) an order that the person pay the whole, or a specified part, of the expenses of the investigation; (d) an order that the person reimburse the Commission to the extent of a specified amount of such of the expenses of the investigation as the Commission has paid; (e) an order that the person pay, or reimburse the Commission in respect of, the whole, or a specified part, of the cost to the Commission of making the investigation, including the remuneration of a member or staff member concerned in the investigation. (1A) The Commission may not make an order under subsection (1) in respect of expenses or costs that have already been paid, or recovered by the Commission, pursuant to an order made under a provision of a law of another jurisdiction that corresponds to that subsection. (2) An order under this section shall be in writing and shall specify when and how the payment or reimbursement is to be made. (3) A person shall comply with an order under this section that is applicable to the person. Penalty: 50 penalty units or imprisonment for 1 year, or both. (4) The Commission may recover in a court of competent jurisdiction as a debt due to the Commission so much of the amount payable under an order made under this section or a corresponding law of another jurisdiction as is not paid in accordance with the order. (5) A report under Division 1 may include recommendations about the making of orders under this section.