Corporations Act 2001
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.
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(b) the infringement notice is not withdrawn under section 1317DAI .
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