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 208   AFTER UNSUCCESSFUL COMMITTAL PROCEEDING, COURT MAY PRECLUDE APPLICATION FOR CIVIL PENALTY ORDER  

208(1)   [Declaration by court]  

If:

(a) a proceeding in a court for the commitment of the person for trial for the offence is finally determined or otherwise disposed of without the person being committed for trial for the offence; and

(b) that court is satisfied that the evidence in the proceeding could not satisfy the Court, on an application for a civil penalty order in relation to the contravention, that the person committed the contravention;

the court may declare that it is so satisfied.

208(2)   [Appeal or review]  

A declaration under subsection (1) is subject to appeal or review in the same way as any other order or decision made in the proceeding.