Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION ACT 2001 - SECT 91

Recovery of expenses of investigation

             (1)  Where:

                     (a)  a person is convicted of an offence against a law of the Commonwealth, or of a State or Territory in this jurisdiction, in a prosecution; or

                     (b)  a judgment is awarded, or a declaration or other order is made, against a person in a proceeding in a court of this jurisdiction; or

                   (ba)  a person is convicted of an offence against Division 2 of Part 2 in a prosecution; or

                   (bb)  a judgment is awarded, or a declaration or other order is made, against a person under Division 2 of Part 2 in a proceeding in a court;

begun as a result of an investigation under Division 1, ASIC may make one of the following orders:

                     (c)  an order that the person pay the whole, or a specified part, of the expenses of the investigation;

                     (d)  an order that the person reimburse ASIC to the extent of a specified amount of such of the expenses of the investigation as ASIC has paid;

                     (e)  an order that the person pay, or reimburse ASIC in respect of, the whole, or a specified part, of the cost to ASIC of making the investigation, including the remuneration of a member or staff member concerned in the investigation.

             (2)  An order under this section must be in writing and must specify when and how the payment or reimbursement is to be made.

             (3)  A person must comply with an order under this section that is applicable to the person.

Penalty:  120 penalty units.

          (3A)  Subsection (3) is an offence of strict liability.

Note:          For strict liability , see section 6.1 of the Criminal Code .

             (4)  ASIC may recover in a court of competent jurisdiction as a debt due to ASIC so much of the amount payable under an order made under this section as is not paid in accordance with the order.

             (5)  A report under Division 1 may include recommendations about the making of orders under this section.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback