SUPERANNUATION INDUSTRY (SUPERVISION) ACT 1993

PART 27 - POWERS OF COURT  

SECTION 314   COURT MAY ORDER THE DISCLOSURE OF INFORMATION OR THE PUBLICATION OF ADVERTISEMENTS - CONTRAVENTION OF PROVISIONS RELATING TO ISSUE OF SUPERANNUATION INTERESTS ETC.  

314(1)  


If a person (the alleged offender ) has engaged, is engaging or is proposing to engage in conduct in contravention of Part 19 , the Court may, on the Regulator ' s application, make an order or orders under either or both of subsections (2) and (3).

314(2)  
The Court may make an order:


(a) requiring the alleged offender, or a person involved in the contravention, to disclose information to:


(i) the public; or

(ii) a specified person; or

(iii) persons included in a specified class of persons; and


(b) specifying the information, or the kind of information, that is to be disclosed, being information:


(i) in the possession of the person to whom the order is directed; or

(ii) to which that person has access; and


(c) specifying the way in which it is to be disclosed.

314(3)  
The Court may make an order:


(a) requiring the alleged offender, or a person involved in the contravention, to publish advertisements and pay the expenses; and


(b) specifying the terms of the advertisements, or the way in which the terms of the advertisements are to be determined; and


(c) specifying the way in which, and times at which, the advertisements are to be published.

314(4)  


A person who intentionally or recklessly contravenes an order under subsection (2) or (3) commits an offence punishable on conviction by imprisonment for a term of not more than 6 months.
Note:

Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.




This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.