Commonwealth Numbered Acts

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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 486

Gathering information for application for pecuniary penalty
(1)
This section applies if it appears to the Minister that a person (the wrongdoer ) may have contravened a civil penalty provision.

(2)
If the Minister, on reasonable grounds, suspects or believes that a person other than the wrongdoer can give information relevant to an application for a civil penalty order in relation to the contravention, whether or not such an application has been made, the Minister 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 legal practitioner who is acting, or has acted, for the wrongdoer.

(4)
If a person fails to give assistance as required under subsection (2):

(a)
the person contravenes this subsection; and

(b)
the Federal Court may, on the application of the Minister, order the person to comply with the requirement as specified in the order.

Subdivision B—Civil penalty proceedings and criminal proceedings



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