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 1317QB   STATE OF MIND  

1317QB(1)    
In proceedings for a declaration of contravention or an order under Division 1 against a person for a contravention of a civil penalty provision, it is not necessary to prove:

(a) the person ' s intention; or

(b) the person ' s knowledge; or

(c) the person ' s recklessness; or

(d) the person ' s negligence; or

(e) any other state of mind of the person.

1317QB(2)    
Subsection (1) does not apply to the extent that the proceedings relate to attempting to contravene a civil penalty provision, or being involved in a contravention of a civil penalty provision.

1317QB(3)    
Subsection (1) does not affect the operation of section 1317QC (which is about mistake of fact).

1317QB(4)    
Subsection (1) does not apply to the extent that the civil penalty provision, or a provision that relates to the civil penalty provision, expressly provides otherwise.