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 1317J
WHO MAY APPLY FOR A DECLARATION OR ORDER
1317J(1)
Application by ASIC.
ASIC may apply for a declaration of contravention, a pecuniary penalty order or a compensation order.
1317J(2)
Application by corporation.
The corporation, or the responsible entity for the registered scheme, may apply for a compensation order.
1317J(3)
[Intervention by corporation or responsible entity]
The corporation, or the responsible entity for the registered scheme, may intervene in an application for a declaration of contravention or a pecuniary penalty order in relation to the corporation or scheme. The corporation or responsible entity is entitled to be heard on all matters other than whether the declaration or order should be made.
1317J(4)
No one else may apply.
No person may apply for a declaration of contravention, a pecuniary penalty order or a compensation order unless permitted by this section.
1317J(5)
[Director of Public prosecutions]
Subsection
(4) does not exclude the operation of the
Director of
Public Prosecutions Act 1983 or that Act as applying as a law of this jurisdiction.
History
S 1317J inserted by No 156 of 1999, Sch 1 (effective 13 March 2000).
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