Document ID: chunk:federal_register_of_legislation:C2004C01070:clause:1_1317j
Version: federal_register_of_legislation:C2004C01070
Segment Type: clause
Provision Reference: sch 1 cl 1317J
Character Range: 474207–475204

1317J  Who may apply for a declaration or order

Application by ASIC

 (1) ASIC may apply for a declaration of contravention, a pecuniary penalty order or a compensation order.

Application by corporation

 (2) The corporation, or the responsible entity for the registered scheme, may apply for a compensation order.

 (3) The corporation, or the responsible entity for the registered scheme, may intervene in an application for a declaration of contravention or a pecuniary penalty order in relation to the corporation or scheme. The corporation or responsible entity is entitled to be heard on all matters other than whether the declaration or order should be made.

No one else may apply

 (4) No person may apply for a declaration of contravention, a pecuniary penalty order or a compensation order unless permitted by this section.

 (5) Subsection (4) does not exclude the operation of the Director of Public Prosecutions Act 1983 or that Act as applying as a law of this jurisdiction.