116H   Power to require information from convicted persons and others

(1)  When a corporation or the trustee of a trust is convicted of or made the subject of a criminal finding for an offence against this Part in connection with the operation of a business operated by the corporation or under the trust the Director-General may require certain persons to provide specified information to the Director-General, as provided by this section.

(2)  The corporation or trustee may be required to provide information that the Director-General may reasonably require to ascertain the identity of each person who has a management role or substantial interest in the corporation or a substantial interest in the trust.

(3)  A person whom the Director-General reasonably believes has a management role or substantial interest in the corporation or a substantial interest in the trust may be required to provide information that the Director-General may reasonably require to ascertain:

(a)  the identity of each corporation in which that person has a management role or substantial interest, or

(b)  the identity of the trustee and any manager of a trust in which that person has a substantial interest.

(4)  A requirement to provide information is to be imposed by direction in writing served on the person, corporation or trustee concerned. The direction must specify a period of not less than 7 days as the period within which the required information must be provided.

(5)  A person who fails without reasonable excuse to comply with a requirement under this section is guilty of an offence.

Maximum penalty:

(a)  in the case of a corporation, 400 penalty units for a first offence or 800 penalty units for a second or subsequent offence, or

(b)  in any other case, 200 penalty units for a first offence or 400 penalty units for a second or subsequent offence.

(6)  A person who in purported compliance with a requirement under this section provides information that is false or misleading in a material particular is guilty of an offence unless the person satisfies the court that he or she did not know and could not reasonably be expected to have known that the information was false or misleading.

Maximum penalty:

(a)  in the case of a corporation, 400 penalty units for a first offence or 800 penalty units for a second or subsequent offence, or

(b)  in any other case, 200 penalty units for a first offence or 400 penalty units for a second or subsequent offence.