Superannuation Industry (Supervision) Act 1993

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

Division 4 - Effect of criminal proceedings on application for civil penalty order  

SECTION 209   APPLICATION FOR CIVIL PENALTY ORDER BASED ON ALTERNATIVE VERDICT AT JURY TRIAL  

209(1)   [Application of section]  

This section applies if the person is tried on indictment for the offence and the jury is satisfied beyond reasonable doubt that the person committed the contravention, but is not satisfied beyond reasonable doubt that the person did so as mentioned in subsection 202(1) .

209(2)   [Finding by jury]  

The jury may find the person not guilty of the offence, but guilty of the contravention.

209(3)   [Declaration by court]  

If the jury does so, the court is to declare that the person has, by a specified act or omission, contravened the civil penalty provision in relation to a specified superannuation entity.

209(4)   [Order to apply for civil penalty order]  

If the court is the Court, it may then proceed to make an order under subsection 196(3) on the application of the prosecutor or someone else who has power under section 197 to apply for a civil penalty order in relation to the contravention.

209(5)   [Effect of court order]  

Subsection (4) has effect despite section 198 .

209(6)   [Appeal or review of declaration]  

A declaration under subsection (3) is subject to appeal or review as if it were a conviction by the court for an offence constituted by the contravention.