Superannuation Industry (Supervision) Act 1993

PART 21 - CIVIL AND CRIMINAL CONSEQUENCES OF CONTRAVENING CIVIL PENALTY PROVISIONS  

Division 3 - Criminal proceedings  

SECTION 202   WHEN CONTRAVENTION OF CIVIL PENALTY PROVISIONS IS AN OFFENCE  

202(1)    

If a person contravenes a civil penalty provision, either:

(a) dishonestly, and intending to gain, whether directly or indirectly, an advantage for that, or any other person; or

(b) intending to deceive or defraud someone;

the person commits an offence punishable on conviction by imprisonment for not longer than 5 years.

Note:

Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

202(2)    

A person who contravenes a civil penalty provision does not commit an offence except as provided by subsection (1).

202(3)    
The Federal Court of Australia does not have jurisdiction with respect to criminal proceedings for an offence constituted by a contravention of a civil penalty provision.