Superannuation Industry (Supervision) Act 1993

PART 21 - CIVIL AND CRIMINAL CONSEQUENCES OF CONTRAVENING CIVIL PENALTY PROVISIONS  

Division 3 - Criminal proceedings  

SECTION 202   WHEN CONTRAVENTION OF CIVIL PENALTY PROVISIONS IS AN OFFENCE  

202(1)    

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If a person contravenes a civil penalty provision, either:

(a) dishonestly, and intending to gain, whether directly or indirectly, an advantage for that, or any other person; or

(b) intending to deceive or defraud someone;

the person commits an offence punishable on conviction by imprisonment for not longer than 5 years.

Note:

Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

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History

S 202(1) substituted by No 31 of 2001, s 3 and Sch 1 item 213, effective 15 December 2001. S 202(1) formerly read:

202(1)
If a person contravenes a civil penalty provision:

(a) knowingly, intentionally or recklessly; and

(b) either:

(i) dishonestly and intending to gain, whether directly or indirectly, an advantage for that or any other person; or

(ii) intending to deceive or defraud someone;

the person is guilty of an offence punishable on conviction by imprisonment for not more than 5 years.

202(2)    

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A person who contravenes a civil penalty provision does not commit an offence except as provided by subsection (1).

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History

S 202(2) amended by No 4 of 2016, s 3 and Sch 4 item 432, by substituting " does not commit " for " is not guilty of " , effective 10 March 2016.

202(3)    
The Federal Court of Australia does not have jurisdiction with respect to criminal proceedings for an offence constituted by a contravention of a civil penalty provision.

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