Treasury Laws Amendment (2023 Law Improvement Package No. 1) Act 2023 (76 of 2023)

Schedule 2   ALRC Financial Services Interim Report: single glossary of defined terms

Part 1   Amendments

Division 13   Miscellaneous

Corporations Act 2001

600   Section 9

Insert:

compensation proceedings has the meaning given by section 1317DAAA.

compliance period for an infringement notice issued under section 1317DAC has the meaning given by section 1317DAH.

contravention proceedings means proceedings under section 1101B by a person referred to in paragraph 1101B(1)(b) or (d).

decision , in Part 9.4A (review by Administrative Appeals Tribunal), has the meaning given by section 1317A.

detriment , in sections 1317AC and 1317AD, has a meaning affected by section 1317ADA.

enforcement proceedings means proceedings under section 793C by a person referred to in paragraph 793C(1)(b), (c) or (d).

infringement notice :

(a) in Part 7.5B - means an infringement notice issued under Part 5 of the Regulatory Powers Act; and

(b) in Part 9.1A - means an infringement notice under Part 5 of the Regulatory Powers Act; and

(c) in Part 9.4AA and Chapter 6CA - means an infringement notice issued under section 1317DAC; and

(d) in Part 9.4AB, Part 7.6 and Part 9.4B - means an infringement notice given under section 1317DAM.

Note: For the provisions subject to the infringement notice:

(a) in Part 7.5B, see section 908CH; and

(b) in Part 9.1A, see section 1272F;

(c) for an infringement notice issued under section 1317DAC, see section 1317DAC; and

(d) for an infringement notice given under section 1317DAM, see section 1317DAN (under which the provisions include all strict liability offences and absolute liability offences against this Act and certain other offences and civil penalty provisions).

pecuniary penalty applicable :

(a) to the contravention of a civil penalty provision by an individual - has the meaning given by section 1317G; and

(b) to the contravention of a civil penalty provision by a body corporate - has the meaning given by section 1317G.

penalty applicable :

(a) to an offence committed by an individual - has the meaning given by section 1311B; and

(b) to an offence committed by a body corporate - has the meaning given by section 1311C; and

(c) in section 1314 (continuing offences) - has the meaning given by subsection 1314(5).

public interest proceedings means proceedings under section 50 of the ASIC Act.

specified , in relation to a penalty for an offence, has the meaning given by section 1311E.