(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.