Superannuation Industry (Supervision) Act 1993
PART 21
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CIVIL AND CRIMINAL CONSEQUENCES OF CONTRAVENING CIVIL PENALTY PROVISIONS
Division 3
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Criminal proceedings
SECTION 202
WHEN CONTRAVENTION OF CIVIL PENALTY PROVISIONS IS AN OFFENCE
202(1)
If a person contravenes a civil penalty provision, either:
(a) dishonestly, and intending to gain, whether directly or indirectly, an advantage for that, or any other person; or
(b) intending to deceive or defraud someone;
202(2)
A person who contravenes a civil penalty provision does not commit an offence except as provided by subsection (1).
202(3)
The Federal Court of Australia does not have jurisdiction with respect to criminal proceedings for an offence constituted by a contravention of a civil penalty provision.
If a person contravenes a civil penalty provision, either:
(a) dishonestly, and intending to gain, whether directly or indirectly, an advantage for that, or any other person; or
(b) intending to deceive or defraud someone;
the person commits an offence punishable on conviction by imprisonment for not longer than 5 years.
Note:
Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
View history note
Hide history noteA person who contravenes a civil penalty provision does not commit an offence except as provided by subsection (1).
The Federal Court of Australia does not have jurisdiction with respect to criminal proceedings for an offence constituted by a contravention of a civil penalty provision.
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