Commonwealth Numbered Acts

CORPORATIONS ACT 1989 No. 109 of 1989 - SECT 1317

1317. (1) Where a prosecution in respect of an offence against this Act has
been instituted, or the Commission is of the opinion that a prosecution in
respect of an offence against this Act ought to be instituted, against a
person (in this section referred to as the "defendant"), the Commission may:

   (a)  if the defendant is a natural person-require any person who is or was
        a partner, employee or agent of the defendant; or

   (b)  if the defendant is a body corporate-require any person who is or was
        an officer, employee or agent of the defendant; to assist in the
        prosecution, and the person who is so required shall give all
        assistance in connection with the prosecution that that person is
        reasonably able to give.

(2) The Commission shall not make such a requirement as is mentioned in
subsection (1) of a person who, in the opinion of the Commission, is or is
likely to be a defendant in the proceedings or is or has been such a person's
lawyer.

(3) If a person to whom paragraph (1) (a) or (b) relates fails to give
assistance as required by subsection (1), the person contravenes this section
and, without affecting any penalty to which the person may be liable for the
contravention, the Court may, on the application of the Commission, order the
person to comply with the requirement within such time, and in such manner, as
the Court orders.
(4) In this section, "agent", in relation to the defendant, includes a banker
of the defendant and a person engaged as an auditor by the defendant, whether
that person is an employee or an officer of the defendant or not.