Superannuation Industry (Supervision) Act 1993
In this section:
means proceedings for a contravention of a civil penalty provision (including proceedings under section 218 ) but does not include proceedings for an offence (except so far as the proceedings relate to the question whether the court should make an order under section 216 ).
(a) the person has acted honestly; and
(b) having regard to all the circumstances of the case, the person ought fairly to be excused for the contravention;
the court may relieve the person either wholly or partly from a liability to which the person would otherwise be subject, or that might otherwise be imposed on the person, because of the contravention.221(3) [Application for relief]
If a person thinks that eligible proceedings will or may be begun against him or her, he or she may apply to the Court for relief.221(4) [Court may grant relief]
On the application under subsection (3), the Court may grant relief under subsection (2) as if the eligible proceedings had been begun in the Court.221(5) [Interpretation]
(a) a reference in that subsection to the court is a reference to the judge; and
(b) the relief that may be granted includes withdrawing the case in whole or in part from the jury and directing judgment to be entered for the defendant on such terms as to costs as the judge thinks appropriate. 221(6) [Additional relief]
Section 323 provides for additional relief from liability.
Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited
CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.
The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.