Document ID: chunk:federal_register_of_legislation:C2004A04501:body:0:p17
Version: federal_register_of_legislation:C2004A04501
Segment Type: other
Provision Reference: 
Character Range: 92743–95561

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 or omission constituting the contravention.

"(7) Section 91A defines what, for the purposes of this section, constitutes managing a corporation.

Who may apply for civil penalty order

"1317EB.(1) An application for a civil penalty order may be made by:

   (a)     the Commission; or

   (b)     a Commission delegate; or

     (c)     some other person authorised in writing by the Minister, under this paragraph, to make the application.

"(2) A delegation for the purposes of paragraph (1)(b), or an authorisation for the purposes of paragraph (1)(c), may relate to applications in relation to specified contraventions, or all contraventions, of civil penalty provisions.

"(3) Nothing in this section affects the operation of the Director of Public Prosecutions Act 1983 or of that Act as applying as a law of this jurisdiction.

Time limit for application

"1317EC. An application for a civil penalty order may be made within 6 years after the contravention.

Application for civil penalty order is a civil proceeding

"1317ED.(1) In hearing and determining an application for a civil penalty order, the Court is to apply the rules of evidence and procedure that it applies in hearing and determining civil matters.

  "(2) Subsection (1) has effect subject to the rules.

Person must comply with order not to manage corporation

"1317EF.(1) A person who is subject to a civil penalty disqualification must not manage a corporation except with the leave of the Court.

"(2) Section 91A defines what, for the purposes of this section, constitutes managing a corporation.

"(3) When granting leave under subsection (1), the Court may impose such conditions or restrictions as it thinks appropriate.

"(4) A person must not contravene a condition or restriction imposed under subsection (3).

"(5) A person may only apply for leave under subsection (1) if he or she has given the Commission at least 21 days notice of the application.

"(6) On the application of the Commission, the Court may revoke leave granted under subsection (1).

Enforcement of order to pay pecuniary penalty

"1317EG. Where the Court makes under paragraph 1317EA(3)(b) an order that a person pay a pecuniary penalty:

    (a)     the penalty is payable to the Commission on the Commonwealth's behalf; and

    (b)     the Commission or the Commonwealth may enforce the order as if it were a judgment of the Court.

Commission may require a person to give assistance in connection with application for civil penalty order

"1317EH.(1) This section applies where it appears to the Commission that a person may have contravened a