CORPORATIONS ACT 2001

CHAPTER 9 - MISCELLANEOUS  

PART 9.4B - CIVIL CONSEQUENCES OF CONTRAVENING CIVIL PENALTY PROVISIONS  

Division 2 - Procedural and other matters relating to orders by the Court  

SECTION 1317P   CRIMINAL PROCEEDINGS AFTER CIVIL PROCEEDINGS  

1317P(1)  
Subject to subsection (2), criminal proceedings may be started against a person for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether:


(a) a declaration of contravention has been made against the person; or


(b) a pecuniary penalty order has been made against the person; or


(baa) a relinquishment order has been made against the person; or


(ba) a refund order has been made against the person; or


(c) a compensation order has been made against the person; or


(d) the person has been disqualified from managing a corporation under Part 2D.6 ; or


(e) an order has been made against the person by ASIC under section 920A (banning orders) or by the Court under section 921A (disqualification by Court).

1317P(2)  


Subsection (1) does not apply if:


(a) an infringement notice is issued under section 1317DAC to the person for an alleged contravention of subsection 674(2) or 675(2) ; and


(b) the infringement notice is not withdrawn under section 1317DAI .


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