Superannuation Industry (Supervision) Act 1993

PART 21 - CIVIL AND CRIMINAL CONSEQUENCES OF CONTRAVENING CIVIL PENALTY PROVISIONS  

Division 6 - Miscellaneous  

SECTION 221   RELIEF FROM LIABILITY FOR CONTRAVENTION OF CIVIL PENALTY PROVISION  

221(1)   [ " eligible proceedings " ]  

In this section:

eligible proceedings
means proceedings for a contravention of a civil penalty provision (including proceedings under section 218 ) but does not include proceedings for an offence (except so far as the proceedings relate to the question whether the court should make an order under section 216 ).

221(2)   [Conditions for relief from liability]  

If, in eligible proceedings against a person, it appears to the court that the person has, or may have, contravened a civil penalty provision but that:

(a) the person has acted honestly; and

(b) having regard to all the circumstances of the case, the person ought fairly to be excused for the contravention;

the court may relieve the person either wholly or partly from a liability to which the person would otherwise be subject, or that might otherwise be imposed on the person, because of the contravention.

221(3)   [Application for relief]  

If a person thinks that eligible proceedings will or may be begun against him or her, he or she may apply to the Court for relief.

221(4)   [Court may grant relief]  

On the application under subsection (3), the Court may grant relief under subsection (2) as if the eligible proceedings had been begun in the Court.

221(5)   [Interpretation]  

For the purposes of subsection (2) as applying for the purposes of a case tried by a judge with a jury:

(a) a reference in that subsection to the court is a reference to the judge; and

(b) the relief that may be granted includes withdrawing the case in whole or in part from the jury and directing judgment to be entered for the defendant on such terms as to costs as the judge thinks appropriate.

221(6)   [Additional relief]  

Section 323 provides for additional relief from liability.