CCH Note:
Part 13 of the
Corporations Act 1989, inserted
by sec 6 of No 110 of 1990, Sch 1 (effective 1 January 1991), begins as
follows:
PART 13 - THE CORPORATIONS LAW
THE CORPORATIONS LAW
82
The Corporations Law is as follows:...
CHAPTER 9 - MISCELLANEOUS
PART 9.4B - CIVIL CONSEQUENCES OF CONTRAVENING CIVIL PENALTY PROVISIONS
History
Part 9.4B substituted by No 156 of 1999, Sch 1 (effective 13 March 2000).
SECTION 1317E
DECLARATIONS OF CONTRAVENTION
1317E(1)
(Power to make declaration)
If a Court is satisfied that a person has contravened 1 of the following provisions, it must make a declaration of contravention:
(a)
subsections
180(1) and
181(1) and
(2),
182(1) and
(2),
183(1) and
(2) (officers' duties)
(b)
subsection
209(2) (related parties rules)
(c)
subsections
254L(2),
256D(3),
259F(2) and
260D(2) (share capital transactions)
(d)
subsection
344(1) (requirements for financial reports)
(e)
subsection
588G(2) (insolvent trading)
(f)
subsection
601FC(1)
(g)
subsection
601FD(1)
(h)
subsection
601FE(1)
(i)
section
601FG
(j)
subsection
601JD(1).
These provisions are the
civil penalty provisions
.
Note:
Once a declaration has been made ASIC can then seek a pecuniary penalty order (section
1317G) or a disqualification order (section
206C).
1317E(2)
(Content of declaration)
A declaration of contravention must specify the following:
(a)
the Court that made the declaration
(b)
the civil penalty provision that was contravened
(c)
the person who contravened the provision
(d)
the conduct that constituted the contravention
(e)
the corporation or registered scheme to which the conduct related.
History
S 1317E inserted by No 156 of 1999, Sch 1 (effective 13 March 2000).