THE CORPORATIONS LAW

CHAPTER 9 - MISCELLANEOUS

PART 9.4 - OFFENCES

Division 2 - Offences generally

SECTION 1311   GENERAL PENALTY PROVISIONS  

1311(1)  (Offence where not provided elsewhere)  

A person who:

(a)  does an act or thing that the person is forbidden to do by or under a provision of this Law;

(b)  does not do an act or thing that the person is required or directed to do by or under a provision of this Law; or

(c)  otherwise contravenes a provision of this Law;

is guilty of an offence by virtue of this subsection, unless that or another provision of this Law provides that the person:

(d)  is guilty of an offence; or

(e)  is not guilty of an offence.

1311(1A)  [Penalties in Schedule 3]  

Paragraphs (1)(a), (b) and (c) only apply to a provision in the following list if a penalty, pecuniary or otherwise, is set out in Schedule 3 immediately under a heading referring to that provision, or to a provision or provisions in which that provision is included:

(a)  Chapters 2A, 2B and 2C

(b)  Parts 2F.2 and 2F.3

(c)  Chapters 2G, 2H, 2J, 2M (other than Part 2M.4), 2N and 5A

(d)  Parts 5B.1 and 5B.3

(e)  Chapter 10

(f)  Part 11.1.

1311(2)  [Penalty on conviction]  

Subject to section 1312, a person who is guilty of an offence against this Law, whether by virtue of subsection (1) or otherwise, is punishable, on conviction, by a penalty not exceeding the penalty applicable to the offence.

1311(3)  [Penalty in Sch 3]  

Where:

(a)  subsection (1) operates in relation to a provision of this Law so as to make a person guilty of an offence; or

(b)  a provision of this Law (other than this section) provides that a person is, in circumstances referred to in the provision, guilty of an offence;

and a penalty, pecuniary or otherwise, is set out in Schedule 3 immediately under a heading referring to that provision, or to a provision or provisions in which that provision is included, the penalty applicable to the offence is the penalty so set out.

1311(3A)  [Effect of amendments]  

Where, because of Part 11.2, provisions of this Law, as in force at a particular time, continue to apply:

(a)  in relation to someone or something; or

(b)  for particular purposes;

then, for the purposes of those provisions as so applying:

(c)  Schedule 3 as in force at that time continues to have effect; and

(d)  Schedule 3 as in force at a later time does not have effect;

except so far as the contrary intention appears in this Law.

1311(4)  [Specified penalty]  

Where a provision of this Law (other than this section) provides that the penalty applicable to a contravention of a particular provision of this Law is a specified penalty, pecuniary or otherwise, the penalty applicable to an offence constituted by a contravention of the particular provision is the specified penalty.

1311(5)  [Penalty where not otherwise provided]  

Except as provided in subsection (3) or (4) or in a provision of this Law (other than this section), the penalty applicable to the offence is a fine of 5 penalty units.