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 210   APPLICATION FOR CIVIL PENALTY ORDER BASED ON ALTERNATIVE FINDING BY COURT OF SUMMARY JURISDICTION  

210(1)   [Application of section]  

This section applies if, on the hearing of a proceeding for the summary conviction of the person for the offence, the court is satisfied beyond reasonable doubt that the person committed the contravention but is not satisfied beyond reasonable doubt that the person did so as mentioned in subsection 202(1) .

210(2)   [Finding by court]  

The court may find the person not guilty of the offence, but guilty of the contravention.

210(3)   [Declaration by court]  

If the court does so, it is to declare that the person has, by a specified act or omission, contravened the civil penalty provision in relation to a specified superannuation entity.

210(4)   [Appeal or review of declaration]  

A declaration under subsection (3) is subject to appeal or review as if it were a conviction by the court for an offence constituted by the contravention.