Superannuation Industry (Supervision) Act 1993

PART 27 - POWERS OF COURT  

SECTION 314   COURT MAY ORDER THE DISCLOSURE OF INFORMATION OR THE PUBLICATION OF ADVERTISEMENTS - CONTRAVENTION OF PROVISIONS RELATING TO ISSUE OF SUPERANNUATION INTERESTS ETC.  

314(1)    

If a person (the alleged offender ) has engaged, is engaging or is proposing to engage in conduct in contravention of Part 19 , the Court may, on the Regulator ' s application, make an order or orders under either or both of subsections (2) and (3).

314(2)    
The Court may make an order:

(a) requiring the alleged offender, or a person involved in the contravention, to disclose information to:

(i) the public; or

(ii) a specified person; or

(iii) persons included in a specified class of persons; and

(b) specifying the information, or the kind of information, that is to be disclosed, being information:

(i) in the possession of the person to whom the order is directed; or

(ii) to which that person has access; and

(c) specifying the way in which it is to be disclosed.

314(3)    
The Court may make an order:

(a) requiring the alleged offender, or a person involved in the contravention, to publish advertisements and pay the expenses; and

(b) specifying the terms of the advertisements, or the way in which the terms of the advertisements are to be determined; and

(c) specifying the way in which, and times at which, the advertisements are to be published.

314(4)    

A person who intentionally or recklessly contravenes an order under subsection (2) or (3) commits an offence punishable on conviction by imprisonment for a term of not more than 6 months.

Note:

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