140Gathering information for application for pecuniary penalty

#### 140 Gathering information for application for pecuniary penalty (1) This section applies if it appears to the National VET Regulator that a person (the wrongdoer) may have contravened a civil penalty provision. (2) If the National VET Regulator, on reasonable grounds, suspects that a person other than the wrongdoer can give information relevant to an application for a pecuniary penalty order relating to the contravention, whether or not such an application has been made, the Regulator 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 lawyer 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 or the Federal Circuit and Family Court of Australia (Division 2) may, on the application of the National VET Regulator, order the person to comply with the requirement. (5) A person commits an offence if: (a) under subsection (2), the National VET Regulator requires the person to give all reasonable assistance in connection with an application for a pecuniary penalty order for a contravention of a civil penalty provision; and (b) the person fails to give the assistance. Penalty: 150 penalty units. > Note: For the liability of an executive officer of a registered training organisation, see sections 133 and 133A. (6) A requirement made under subsection (2) is not a legislative instrument.