Corporations Act 2001

CHAPTER 9 - MISCELLANEOUS  

PART 9.4B - CIVIL CONSEQUENCES OF CONTRAVENING CIVIL PENALTY PROVISIONS  

Division 2 - Procedural and other matters relating to orders by the Court  

SECTION 1317P   CRIMINAL PROCEEDINGS AFTER CIVIL PROCEEDINGS  

1317P(1)    
Subject to subsection (2), criminal proceedings may be started against a person for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether:

(a) a declaration of contravention has been made against the person; or

(b) a pecuniary penalty order has been made against the person; or

(baa) a relinquishment order has been made against the person; or

(ba) a refund order has been made against the person; or

(c) a compensation order has been made against the person; or

(d) the person has been disqualified from managing a corporation under Part 2D.6 ; or

(e) a banning order, or an order by the Court under section 921A (about disqualification by the Court), has been made against the person.

1317P(2)    

Subsection (1) does not apply if:

(a) an infringement notice is issued under section 1317DAC to the person for an alleged contravention of subsection 674(2) or 675(2) ; and

(b) the infringement notice is not withdrawn under section 1317DAI .