SUPERANNUATION INDUSTRY (SUPERVISION) ACT 1993

PART 21 - CIVIL AND CRIMINAL CONSEQUENCES OF CONTRAVENING CIVIL PENALTY PROVISIONS  

Division 4 - Effect of criminal proceedings on application for civil penalty order  

SECTION 206   206   FINAL OUTCOME PRECLUDING APPLICATIONS FOR CIVIL PENALTY ORDER  
When the criminal proceedings, appeals and applications for review are finally determined or otherwise disposed of:


(a) an application for a civil penalty order in relation to the same contravention cannot be made (except under this Division); and


(b) such an application that was stayed because of subsection 205(2) is, because of this section, dismissed;

if the result of the criminal proceedings, appeals and applications for review is:


(c) a court finding the person guilty of the offence; or

Note:

Section 195 defines when a court is taken to find a person guilty of an offence.


(d) the person being acquitted of the offence, unless there is in force a declaration that the person committed the contravention; or

Note:

This kind of declaration is made under section 209 , 210 or 211 .


(e) a declaration by a court that the evidence in a committal proceeding for the offence could not satisfy the Court, on an application for a civil penalty order, that the person committed the contravention; or

Note:

This kind of declaration is made under section 208 .


(f) a declaration by a court that the person committed the contravention; or

Note:

This kind of declaration is made under section 209 or 211 .


(g) an order by a court prohibiting an application for a civil penalty order in relation to the contravention from being made or from proceeding; or

Note:

This kind of declaration is made under section 212 .


(h) the Court, on an appeal or review, affirming, varying or substituting a declaration that the person committed the contravention.

Note:

Section 213 applies in this case.




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