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 211   APPLICATION FOR CIVIL PENALTY ORDER BASED ON ALTERNATIVE FINDING BY APPEAL COURT  

211(1)   [Application of section]  

This section applies if:

(a) a court finds the person guilty of the offence; and

(b) on appeal or review, a court makes an order determining the criminal proceedings for the offence in a way that does not involve convicting the person of that or any other offence; and

(c) the court is satisfied beyond reasonable doubt that the person committed the contravention.

211(2)   [Declaration by court]  

The court may declare that the person has, by a specified act or omission, contravened the civil penalty provision in relation to a specified superannuation entity.

211(3)   [Order to pay monetary penalty]  

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.

211(4)   [Effect of court order]  

Subsection (3) has effect despite section 198 .

211(5)   [Appeal or review of declaration]  

A declaration under subsection (2) is subject to appeal or review in the same way as any other order or decision that was made on the appeal or review or might have been made.