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 213   ON UNSUCCESSFUL APPEAL AGAINST DECLARATION, COURT MAY MAKE CIVIL PENALTY ORDERS  

213(1)   [Application of section]  

This section applies if, on an appeal from, or review of, a declaration made under section 209 , 210 or 211 by a court other than the Court, the Court determines the appeal or review by:

(a) affirming or varying the declaration; or

(b) substituting another declaration for the first-mentioned declaration.

213(2)   [Order to pay monetary penalty]  

The Court may then proceed to make orders 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.

213(3)   [Effect of court order]  

Subsection (2) has effect despite section 198 .