Document ID: chunk:federal_register_of_legislation:C2019A00017:clause:4_75a
Version: federal_register_of_legislation:C2019A00017
Segment Type: clause
Provision Reference: sch 4 cl 75A
Character Range: 281472–282285

75A  Declaration of contravention of civil penalty provision

Application for declaration of contravention
 (1) ASIC may apply to a relevant court for a declaration that the person contravened the provision.
 (2) ASIC must make the application within 6 years of the alleged contravention.

Declaration of contravention
 (3) The court must make the declaration if it is satisfied that the person has contravened the provision.
 (4) 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.

Declaration of contravention conclusive evidence
 (5) The declaration is conclusive evidence of the matters referred to in subsection (4).