National Consumer Credit Protection Act 2009

CHAPTER 4 - REMEDIES  

PART 4-1 - CIVIL PENALTY PROVISIONS  

Division 2 - Declarations and pecuniary penalty orders for contraventions of civil penalty provisions  

SECTION 166   DECLARATION OF CONTRAVENTION OF CIVIL PENALTY PROVISION  
Application for declaration of contravention

166(1)    
Within 6 years of a person contravening a civil penalty provision, ASIC may apply to the court for a declaration that the person contravened the provision.

Declaration of contravention

166(2)   [ Must make declaration if contravention]  

The court must make the declaration if it is satisfied that the person has contravened the provision.

166(3)   [ Content of declaration]  

The declaration must specify the following:

(a) the court that made the declaration;

(b) the civil penalty provision that was contravened;

(c) the person who contravened the provision;

(d) the conduct that constituted the contravention.

166(4)    
The declaration is conclusive evidence of the matters referred to in subsection (3).