Document ID: chunk:federal_register_of_legislation:C2004A04501:body:0:p25
Version: federal_register_of_legislation:C2004A04501
Segment Type: other
Provision Reference: 
Character Range: 113309–115614

limited by, section 1318.

Effect of contravening civil penalty provisions of Corporations Law of 2 or more jurisdictions

"1317JB.(1) This section applies where an act or omission constitutes:

    (a)     a contravention (in this section called the 'local contravention') of a civil penalty provision; and

    (b)     a contravention (in this section called the 'other contravention') of a provision of the Corporations Law of another jurisdiction that corresponds to that civil penalty provision.

"(2) A person who has been punished for an offence constituted by the other contravention is not liable to be punished for an offence constituted by the local contravention.

"(3) If a civil penalty order within the meaning of that Law has been made in relation to the other contravention, no civil penalty order within the meaning of this Law can be made in relation to the local contravention.

"(4) Criminal proceedings for an offence constituted by the local contravention cannot be begun if a person has already applied for a civil penalty order, within the meaning of that Law, in relation to the other contravention, even if the application has been finally determined or otherwise disposed of.

"(5) Sections 1317GB, 1317GC and 1317GD apply in relation to the local contravention as if:

    (a)     criminal proceedings of a particular kind for an offence constituted by the other contravention were proceedings of the corresponding kind for an offence constituted by the local contravention; and

    (b)     a court within the meaning of that Law were a court within the meaning of this Law; and

    (c)     anything done under a provision of Division 4 of Part 9.4B of that Law had been done under the corresponding provision of this Law.

"(6) Nothing in this section limits, or is limited by, anything in section 1310A, 1310B or 1317FB.

"(7) The effect that sections 1317GB, 1317GC and 1317GD have because of subsection (5) of this section is additional to, and does not prejudice, the effect those sections otherwise have.

Part does not limit power to award punitive damages

"1317JC. Nothing in this Part limits a court's power to order someone to pay damages in the nature of punitive damages because of an act or omission constituting a contravention of a civil penalty provision.".