Trish Crossin (NT, Australian Labor Party) Share this | Hansard source

I certainly cannot see it in section 3 under definitions, unless you can point it out to me. Still concentrating on that clause, can I just get you to clarify this for me: a person who is merely suspected by the secretary of the department of having contravened a civil penalty provision is termed a wrongdoer, as I interpret it—you could tell me whether I am right or not—and that person is then obliged to produce information. Subclause 4 provides for an application for a Federal Court order to comply, but subclause 5 appears to make the wrongdoer subject to a penalty for failing to produce information, even in the absence of a Federal Court order. Can you explain to me why there is that inconsistency?