NATIONAL CONSUMER CREDIT PROTECTION ACT 2009 - SECT 274 ASIC may prosecute
NATIONAL CONSUMER CREDIT PROTECTION ACT 2009 - SECT 274
ASIC may prosecute(a) as a result of an investigation; or
(b) from a record of an examination;
conducted under this Chapter, it appears to ASIC that a person:
(c) may have committed an offence against the Commonwealth credit legislation; and
(d) ought to be prosecuted for the offence.
(2) ASIC may cause a prosecution of the person for the offence to be brought and carried on.
(3) ASIC may make a requirement under subsection (4) if:
(a) ASIC, on reasonable grounds, suspects or believes that a person can give information relevant to a prosecution for the offence; or
(b) the offence relates to matters being, or connected with, affairs of a licensee, credit representative or other person who engages, or has engaged, in a credit activity, or to matters including such matters.
(4) ASIC may, whether before or after a prosecution for the offence is begun, by writing given to any of the following persons:
(a) the person referred to in paragraph (3)(a);
(b) a representative, banker, lawyer or auditor of a person referred to in paragraph (3)(b);
require the person to give all reasonable assistance in connection with such a prosecution.
Note: Failure to comply with a requirement made under this subsection is an offence (see section 290).
(5) An offence under subsection 290(2) relating to subsection (4) of this section is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code .
(6) Subsection (4) does not apply in relation to:
(a) the person referred to in subsection (1); or
(b) a person who is or has been that person's lawyer.
Note: A defendant bears an evidential burden in relation to the matter in subsection (6), see subsection 13.3(3) of the Criminal Code .
(7) A requirement made by ASIC under subsection (4) is not a legislative instrument.
(8) Nothing in this section affects the operation of the
Director of Public Prosecutions Act 1983 .