Document ID: chunk:federal_register_of_legislation:C2019A00017:clause:1_1317e:p1
Version: federal_register_of_legislation:C2019A00017
Segment Type: clause
Provision Reference: sch 1 cl 1317E (pt 1/4)
Character Range: 70069–76095

1317E  Declaration of contravention of a civil penalty provision

Declaration of contravention
 (1) If a Court is satisfied that a person has contravened a civil penalty provision, the Court must make a declaration of contravention.
 (2) The declaration 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) if the contravention is of a corporation/scheme civil penalty provision—the corporation, registered scheme or notified foreign passport fund to which the conduct related;
 (f) if the contravention is of subsection 1211B(1) or (2) (complying with the Passport Rules for this jurisdiction)—the passport fund in relation to which the obligation was imposed on the person;
 (g) if the contravention is of subsection 670A(4), 727(6), 728(4) or 1309(12) (misleading statements etc.)—the corporation, registered scheme or notified foreign passport fund to which the conduct related.

Meanings of civil penalty provision, corporation/scheme civil penalty provision and financial services civil penalty provision
 (3) In this Act:
 (a) a provision specified in column 1 of the following table is a civil penalty provision; and
 (b) a civil penalty provision categorised as a corporation/scheme provision in column 3 of the following table is a corporation/scheme civil penalty provision; and
 (c) a civil penalty provision categorised as a financial services provision in column 3 of the following table is a financial services civil penalty provision; and
 (d) a provision that is specified as having no categorisation in column 3 of the following table is neither a corporation/scheme civil penalty provision nor a financial services civil penalty provision.

Civil penalty provisions
Column 1                                                               Column 2                                                                                                                                 Column 3

Provision                                                              Brief description of the provision                                                                                                       Categorisation of the provision
subsections 180(1), 181(1) and (2), 182(1) and (2) and 183(1) and (2)  officers' duties                                                                                                                         corporation/scheme
subsections 188(1) and (2)                                             responsibilities of secretaries etc. for corporate contraventions                                                                        corporation/scheme
subsection 209(2)                                                      related parties rules                                                                                                                    corporation/scheme
subsections 254L(2), 256D(3), 259F(2) and 260D(2)                      share capital transactions                                                                                                               corporation/scheme
subsections 344(1) and (1A)                                            requirements for financial reports                                                                                                       corporation/scheme
subsection 588G(2)                                                     insolvent trading                                                                                                                        corporation/scheme
subsection 601ED(8)                                                    obligation to be registered if operating certain managed investment schemes                                                              corporation/scheme
subsection 601FC(5)                                                    duties of responsible entity                                                                                                             corporation/scheme
subsection 601FD(3)                                                    duties of officers of responsible entity                                                                                                 corporation/scheme
subsection 601FE(3)                                                    duties of employees of responsible entity                                                                                                corporation/scheme
subsection 601FG(2)                                                    acquisition of interest in scheme by responsible entity                                                                                  corporation/scheme
subsection 601JD(3)                                                    duties of members                                                                                                                        corporation/scheme
subsection 601UAA(2)                                                   duties of officers of licensed trustee company                                                                                           corporation/scheme
subsection 601UAB(2)                                                   duties of employees of licensed trustee company                                                                                          corporation/scheme
subsection 670A(4)                                                     misstatements in, or omissions from, takeover and compulsory acquisition and buy‑out documents                                           uncategorised
subsections 674(2), 674(2A), 675(2) and 675(2A)                        continuous disclosure                                                                                                                    financial services
subsection 727(6)                                                      offering