Document ID: chunk:federal_register_of_legislation:C2004C01070:clause:2_1
Version: federal_register_of_legislation:C2004C01070
Segment Type: clause
Provision Reference: sch 2 cl 1
Character Range: 647612–648451

1  Declarations of contravention

 (1) If a Court is satisfied that a person has contravened 1 of the following provisions, it must make a declaration of contravention:
 (a) subsections 22(1) and 23(1) and (2), 24(1) and (2), 25(1) and (2) (officers' duties)
 (b) subsection 11(1) (annual reporting rules)
These provisions are the civil penalty provisions.

Note: Once a declaration has been made, the Finance Minister can then seek a pecuniary penalty order (clause 3) or a disqualification order (section 27C).

 (2) A declaration of contravention must specify the following:
 (a) the Court that made the declaration;
 (b) the civil penalty provision that was contravened;
 (c) the person who contravened the provision;
 (d) the conduct that constituted the contravention;
 (e) the Commonwealth authority to which the conduct related.