Document ID: chunk:federal_register_of_legislation:C2019A00017:clause:1_1311e
Version: federal_register_of_legislation:C2019A00017
Segment Type: clause
Provision Reference: sch 1 cl 1311E
Character Range: 50301–52184

1311E  Where is the penalty for an offence specified?
 (1) The penalty specified for an offence is:
 (a) if a penalty, pecuniary or otherwise, is specified in Schedule 3 for the provision under which the offence is created, or a provision or provisions in which that provision is included—that penalty; and
 (b) if a penalty, pecuniary or otherwise, is specified in any other provision of this Act for the provision under which the offence is created, or a provision or provisions in which that provision is included—that penalty.
 (2) To avoid doubt, a penalty is not specified for an offence if it is a consequence for committing the offence that is not a punishment on conviction for the offence.
 (3) Without limiting subsection (2), each of the following is a consequence for committing an offence that is not a punishment on conviction for the offence:
 (a) the availability of a pecuniary penalty order for the contravention of a civil penalty provision that relates to the same conduct as that which gave rise to the offence;
 (b) the availability of an infringement notice in relation to an alleged commission of the offence;
 (c) the availability of administrative consequences as a result of the commission of the offence, such as:
 (i) disqualification from any office; or
 (ii) consequences in relation to a licence; or
 (iii) other actions that may be taken by ASIC under this Act or any other Act;
 (d) the availability under any law of the Commonwealth or of a State or Territory (including the general law) of an order to refund money, pay compensation, relinquish a benefit or make any other payment if the offence is committed;
 (e) the availability under any law of the Commonwealth or of a State or Territory (including the general law) of an injunction or any other order directing a person to take, or refrain from taking, action if the offence is committed.