Corporations Act 2001
CHAPTER 9
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MISCELLANEOUS
PART 9.4
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OFFENCES
Division 2
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Offences generally
SECTION 1311E
WHERE IS THE PENALTY FOR AN OFFENCE SPECIFIED?
1311E(1)
The penalty specified for an offence is: (a) if a penalty, pecuniary or otherwise, is specified in Schedule 3 for the provision under which the offence is created, or a provision or provisions in which that provision is included - that penalty; and (b) if a penalty, pecuniary or otherwise, is specified in any other provision of this Act for the provision under which the offence is created, or a provision or provisions in which that provision is included - that penalty.
1311E(2)
To avoid doubt, a penalty is not specified for an offence if it is a consequence for committing the offence that is not a punishment on conviction for the offence.
1311E(3)
Without limiting subsection (2) , each of the following is a consequence for committing an offence that is not a punishment on conviction for the offence: (a) the availability, under any law of the Commonwealth or of a State or Territory, of a pecuniary penalty order for the contravention of a civil penalty provision that relates to the same conduct as that which gave rise to the offence; (b) the availability, under any law of the Commonwealth or of a State or Territory, of an infringement notice in relation to an alleged commission of the offence; (c) the availability of administrative consequences as a result of the commission of the offence, such as:
The penalty specified for an offence is: (a) if a penalty, pecuniary or otherwise, is specified in Schedule 3 for the provision under which the offence is created, or a provision or provisions in which that provision is included - that penalty; and (b) if a penalty, pecuniary or otherwise, is specified in any other provision of this Act for the provision under which the offence is created, or a provision or provisions in which that provision is included - that penalty.
1311E(2)
To avoid doubt, a penalty is not specified for an offence if it is a consequence for committing the offence that is not a punishment on conviction for the offence.
1311E(3)
Without limiting subsection (2) , each of the following is a consequence for committing an offence that is not a punishment on conviction for the offence: (a) the availability, under any law of the Commonwealth or of a State or Territory, of a pecuniary penalty order for the contravention of a civil penalty provision that relates to the same conduct as that which gave rise to the offence; (b) the availability, under any law of the Commonwealth or of a State or Territory, of an infringement notice in relation to an alleged commission of the offence; (c) the availability of administrative consequences as a result of the commission of the offence, such as:
(i) disqualification from any office; or
(ii) consequences in relation to a licence; or
(d) the availability under any law of the Commonwealth or of a State or Territory (including the general law) of an order to refund money, pay compensation, relinquish a benefit or make any other payment if the offence is committed; (e) the availability under any law of the Commonwealth or of a State or Territory (including the general law) of an injunction or any other order directing a person to take, or refrain from taking, action if the offence is committed.
(iii) other actions that may be taken by ASIC under this Act or any other Act;
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