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 1317QF   PREFERENCE MUST BE GIVEN TO COMPENSATE PERSONS WHO SUFFER DAMAGE AS A RESULT OF CONTRAVENTION  

1317QF(1)    
This section applies if a court considers that it is appropriate to:

(a)    make a pecuniary penalty order against a person in relation to a contravention of a civil penalty provision; or

(b)    make a relinquishment order against a person in relation to a contravention of a civil penalty provision; or

(c)    impose a fine against a person in relation to a commission of an offence constituted by the same conduct as the conduct constituting the contravention of the pecuniary penalty order.

1317QF(2)    
In making the pecuniary penalty order or relinquishment order or imposing the fine, the court:

(a)    

must consider the effect that making the order or imposing the fine would have on the amount available to pay:

(i) compensation to which persons might reasonably be expected to be entitled under section 961M , 1317H , 1317HA , 1317HB , 1317HC or 1317HE ; or

(ii) refunds to which persons might reasonably be expected to be entitled under section 1317GA or 1317GB ; and

(b)    give preference to making an appropriate amount available for refunds and compensation under those sections.

1317QF(3)    
If the court gives preference to making an appropriate amount available for refunds and compensation under paragraph (2)(b), the court may also make such orders as the court thinks fit for the purpose of ensuring that the amount remains available for the payment of:

(a)    compensation under section 961M , 1317H , 1317HA , 1317HB , 1317HC or 1317HE ; or

(b)    

refunds under section 1317GA or 1317GB .