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) a banning order, or an order by the Court under section 921A (about disqualification by the Court), has been made against the person.

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(b) the infringement notice is not withdrawn under section 1317DAI .


 

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.