THE CORPORATIONS LAW

CHAPTER 9 - MISCELLANEOUS

PART 9.4B - CIVIL CONSEQUENCES OF CONTRAVENING CIVIL PENALTY PROVISIONS

SECTION 1317J   WHO MAY APPLY FOR A DECLARATION OR ORDER  

1317J(1)  Application by ASIC.  

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

1317J(2)  Application by corporation.  

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

1317J(3)  [Intervention by corporation or responsible entity]  

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.

1317J(4)  No one else may apply.  

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

1317J(5)  [Director of Public prosecutions]  

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.