Commonwealth Numbered Acts

FUTURES INDUSTRY ACT 1986 No. 72 of 1986 - SECT 39

39. (1) Subject to this section and to clause 18 of the Agreement, the
expenses of and incidental to an investigation under this Division shall be
paid by the Commission.

(2) For the purposes of this section, the expenses of and incidental to an
investigation under this Division include-

   (a)  the expenses incurred in any proceedings brought in the name of a
        person under sub-section 36 (9); and

   (b)  in the case of an investigation carried out pursuant to a direction
        that is approved by the Ministerial Council pursuant to sub-section 22
        (6)-the expenses (if any) incurred before the direction is so
        approved.

(3) Where an investigation has been carried out under this Division and
proceedings are instituted under sub-section 36 (9) or otherwise as a result
of that investigation, the Commission may make one or more of the following
orders:

   (a)  that a specified person pay, within the time and in the manner
        specified in the order, the whole, or a specified part, of the
        expenses of and incidental to the investigation;

   (b)  in a case where expenses have been paid by the Commission-that a
        specified person reimburse the Commission, within the time and in the
        manner specified in the order, to the extent of the payment;

   (c)  that a specified person, within the time and in the manner specified
        in the order, pay, or reimburse the Commission in respect of, the
        whole, or a specified part, of the cost to the Commission of carrying
        out the investigation, including the remuneration of any employee of
        the Commission concerned with the investigation.

(4) Where the Commission is of the opinion that the whole or any part of the
expenses of and incidental to an investigation under this Division should be
paid by a person to whose affairs the investigation relates, the Commission
may by order in writing direct that person to pay a specified amount, being
the whole or a part of the expenses, within the time and in the manner
specified.

(5) Where a person has failed to comply with an order of the Commission under
sub-section (3) or (4), proceedings may be taken in a court of competent
jurisdiction to recover the amount in question as a debt due to the
Commission.

(6) The report of an inspector may include a recommendation whether an order
under sub-section (3) or (4) should be made or whether orders under both those
sub-sections should be made.

(7) Where, in a case where the expenses of and incidental to an investigation
or part of those expenses have been or are to be borne by a party to the
Agreement, the expenses or part of the expenses borne or to be borne by that
party are recovered by the Commission pursuant to this section, the Commission
shall, to the extent of the amount recovered, reimburse or credit that party.