Commonwealth Numbered Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Previous]
[Next]
[Download]
[Help]
AUSTRALIAN SECURITIES COMMISSION ACT 1989 No. 90 of 1989 - SECT 49
Commission may cause prosecution to be begun
49. (1) This section applies where, as a result of an investigation or from a
record of an examination, it appears to the Commission that a person:
(a) may have committed an offence against a law of the Commonwealth or a
Territory; and
(b) ought to be prosecuted for the offence.
(2) The Commission may cause a prosecution of the person for the offence to be
begun and carried on.
(3) If:
(a) the Commission, 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
body corporate, or to matters including such matters; the Commission
may, whether before or after a prosecution for the offence is begun,
by writing given to the person, or to an eligible person in relation
to the body, as the case may be, require the person or eligible person
to give all reasonable assistance in connection with such a
prosecution.
(4) Subsection (3) 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.
(5) Nothing in this section affects the operation of the Director of Public
Prosecutions Act 1983 .
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback