Document ID: chunk:federal_register_of_legislation:C2004A04501:body:0:p15
Version: federal_register_of_legislation:C2004A04501
Segment Type: other
Provision Reference: 
Character Range: 87279–90459

substituting the following subsection:

"(2) Subsection (1) is a civil penalty provision as defined by section 1317DA, so Part 9.4B provides for civil and criminal consequences of contravening it, or of being involved in a contravention of it.".

  References to civil penalty disqualification inserted in certain provisions

15.(1) Each of the following provisions of the Corporations Law:

   (a)    subsection 1280(3);

   (b)    subsection 1282(4);

  (c)     subsection 1287(4);

  (d)     paragraph 1292(7)(a);

is amended by omitting "or a section 600 notice" and substituting ", a section 600 notice or a civil penalty disqualification".

(2) Subsection 1287(4) of the Corporations Law is amended by omitting "or section 600 notice" and substituting ", section 600 notice or civil penalty disqualification".

Penalty notices

  16. Section 1313 of the Corporations Law is amended:

  (a)     by inserting in paragraph (4)(b) "not" before "done";

    (b)     by omitting subsection (8) and substituting the following subsection:

      "(8) In this section:

     'authority' includes a person;

     'prescribed offence' means:

       (a)     a subsection 1311(5) offence; or

         (b)     an offence against this Law that the regulations prescribe for the purposes of this section;

     'prescribed penalty', in relation to a prescribed offence in relation to which the Commission may give, or has given, to a person a notice under subsection (1), means:

       (a) if the offence is a subsection 1311(5) offence:

             (i) if the regulations prescribe in relation to the offence for the purposes of this paragraph an amount not exceeding one half the amount of the penalty applicable to the offence:

                  (A)    if the person is a body corporate—a penalty of five times the amount so prescribed; or

                  (B)     otherwise—a penalty of the amount so prescribed; or

             (ii) otherwise:

                  (A)    if the person is a body corporate—a penalty of 1.25 times the amount of the penalty applicable to the offence; or

                  (B)     otherwise—a penalty of 0.25 times the amount of the penalty applicable to the offence; or

          Note: Section 1311 provides for the penalty applicable to an offence.

         (b) otherwise—a penalty of the amount that the regulations prescribe in relation to the offence;

     'subsection 1311(5) offence' means an offence the penalty applicable to which is provided for by subsection 1311(5).".

17. After section 1317C of the Corporations Law the following Part is inserted:

  "PART 9.4B—CIVIL AND CRIMINAL CONSEQUENCES OF CONTRAVENING CIVIL PENALTY PROVISIONS

"Division 1—Preliminary

Civil penalty provisions

"1317DA. Each of the following provisions of the Corporations Law of this jurisdiction is a civil penalty provision:

  Subsections 232(2), (4), (5) and (6);

  Subsections 243ZE(2) and (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