Document ID: chunk:federal_register_of_legislation:C2004A04501:body:0:p16
Version: federal_register_of_legislation:C2004A04501
Segment Type: other
Provision Reference: 
Character Range: 90205–92955

(3);

  Subsection 318(1);

  Section 588G.

Person involved in contravening a provision taken to have contravened the provision

"1317DB. For the purposes of this Part, a person who is involved in a contravention of a particular provision of this Law or a corresponding law is taken to have contravened that provision.

Contravention committed partly in, and partly out of, the jurisdiction

  "1317DC. Where:

    (a)    a person does or omits to do an act outside this jurisdiction; and

    (b)    if the person had done or omitted to do that act in this jurisdiction, the person would, because of also having done or omitted to do an act in this jurisdiction, have contravened a civil penalty provision;

the person contravenes that provision.

Reciprocity in relation to contraventions

  "1317DD. Where:

  (a)    a person does or omits to do an act in this jurisdiction; and

    (b)    if the person had done or omitted to do that act in another jurisdiction, the person would have contravened a provision of the Corporations Law of another jurisdiction that corresponds to a civil penalty provision;

the person contravenes that civil penalty provision.

"Division 2—Civil penalty orders

Court may make civil penalty orders

"1317EA.(1) This section applies if the Court is satisfied that a person has contravened a civil penalty provision, whether or not the contravention also constitutes an offence because of section 1317FA.

   Note: Section 1317HF provides that a certificate by a court that the court has declared a person to have contravened a civil penalty provision is conclusive evidence of the contravention.

"(2) The Court is to declare that the person has, by a specified act or omission, contravened that provision in relation to a specified corporation, but need not so declare if such a declaration is already in force under Division 4.

"(3) The Court may also make against the person either or both of the following orders in relation to the contravention:

    (a)     an order prohibiting the person, for such period as is specified in the order, from managing a corporation;

    (b)     an order that the person pay to the Commonwealth a pecuniary penalty of an amount so specified that does not exceed $200,000.

"(4) The Court is not to make an order under paragraph (3)(a) if it is satisfied that, despite the contravention, the person is a fit and proper person to manage a corporation.

"(5) The Court is not to make an order under paragraph (3)(b) unless it is satisfied that the contravention is a serious one.

"(6) The Court is not to make an order under paragraph (3)(b) if it is satisfied that an Australian court has ordered the person to pay damages in the nature of punitive damages because of the act