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FUEL SECURITY ACT 2021 - SECT 63

Requirement for person to assist with applications for civil penalty orders

  (1)   A person commits an offence if:

  (a)   the relevant chief executive 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 relevant chief executive may require a person to assist under subsection   (1) only if:

  (a)   it appears to the relevant chief executive 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 relevant chief executive suspects or believes that the person can give information relevant to the application.

  (4)   The relevant chief executive 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 may order a person to comply with a requirement under subsection   (1) in a specified way. Only the relevant chief executive 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.



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