Document ID: chunk:federal_register_of_legislation:C2004A04501:body:0:p21
Version: federal_register_of_legislation:C2004A04501
Segment Type: other
Provision Reference: 
Character Range: 103201–106021

of the contravention.

"(3) If the court does so, it is to declare that the person has, by a specified act or omission, contravened the civil penalty provision in relation to a specified corporation.

"(4) A declaration under subsection (3) is subject to appeal or review as if it were a conviction by the court for an offence constituted by the contravention.

Application for civil penalty order based on alternative finding by appeal court

  "1317GH.(1) This section applies if:

  (a)     a court finds the person guilty of the offence; and

    (b)     on appeal or review, a court makes an order determining the criminal proceedings for the offence in a way that does not involve convicting the person of that or any other offence; and

    (c)     the court is satisfied beyond reasonable doubt that the person committed the contravention.

"(2) The court may declare that the person has, by a specified act or omission, contravened the civil penalty provision in relation to a specified corporation.

"(3) If the court is the Court, it may then proceed to make orders under subsection 1317EA(3) on the application of the prosecutor or someone else who has power under section 1317EB to apply for a civil penalty order in relation to the contravention.

"(4) Subsection      has effect despite section 1317EC.

"(5) A declaration under subsection (2) is subject to appeal or review in the same way as any other order or decision that was made on the appeal or review or might have been made.

After setting aside declaration, court may preclude application for civil penalty order

"1317GJ. If a court sets aside a declaration made under section 1317GF, 1317GG or 1317GH, the court may, by order, prohibit an application for a civil penalty order in relation to the contravention from being made or from proceeding.

On unsuccessful appeal against declaration, Court may make civil penalty orders

"1317GK.(1) This section applies if, on an appeal from, or review of, a declaration made under section 1317GF, 1317GG or 1317GH by a court other than the Court, the Court determines the appeal or review by:

   (a)     affirming or varying the declaration; or

     (b)     substituting another declaration for the first-mentioned declaration.

"(2) The Court may then proceed to make orders under subsection 1317EA(3) on the application of the prosecutor or someone else who has power under section 1317EB to apply for a civil penalty order in relation to the contravention.

  "(3) Subsection (2) has effect despite section 1317EC.

Appeals under this Division

"1317GL. For the purposes of an appeal or review under subsection 1317GE(2), 1317GF(6), 1317GG(4) or 1317GH(5), a law about appeals or review has effect with such modifications as the circumstances require.

"Division 5—Compensation for loss suffered