Commonwealth Consolidated Acts

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FUTURE FUND ACT 2006 - SECT 66

Finance Minister requiring person to assist

  (1)   The Finance Minister may require a person to give all reasonable assistance in connection with an application (the civil penalty application ) under the Regulatory Powers (Standard Provisions) Act 2014 for a civil penalty order (within the meaning of that Act) in relation to a contravention of a civil penalty provision in this Act.

  (2)   A person commits an offence if:

  (a)   the person is required to give assistance under subsection   (1); and

  (b)   the person does not comply with the requirement.

Penalty:   5 penalty units.

  (3)   The Finance Minister may require the person to assist in connection with a civil penalty application in relation to a civil penalty provision if, and only if:

  (a)   it appears to the Finance Minister that someone other than the person required to assist may have contravened the civil penalty provision; and

  (b)   the Finance Minister suspects or believes that the person required to assist can give information relevant to the application.

  (4)   The Finance Minister may require the person to assist regardless of whether a civil penalty application has actually been made.

  (5)   The person may not be required to assist if he or she is or has been a lawyer for the person suspected of the contravention.

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

  (7)   A relevant 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 .



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