Commonwealth Numbered Acts

FUEL SECURITY ACT 2021 (NO. 65, 2021) - SECT 63

             (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.