A T O home
Legal Database
Search   
for 
 
Access the database 
Browse database
Searches  
View last document
Quick access 
View legislation
View a document
Email Cross Reference Material Previous/Next Section Contents Previous/Next Result
Printable version
Printable
version

CORPORATIONS ACT 2001

CHAPTER 9 - MISCELLANEOUS  

PART 9.4 - OFFENCES  

Division 2 - Offences generally  

SECTION 1313  PENALTY NOTICES  

1313(1)  [ASIC may serve penalty notice]  


Where ASIC has reason to believe that a person has committed a prescribed offence, ASIC may, subject to subsection (2), give the person a notice in the prescribed form:


(a) alleging that the person has committed the prescribed offence and giving the prescribed particulars in relation to the prescribed offence; and


(b) setting out the prescribed penalty in respect of the prescribed offence; and


(c) stating:


(i) in the case of a prescribed offence constituted by a failure to do a particular act or thing:

(A) that the obligation to do the act or thing continues despite the service of the notice or the payment of the prescribed penalty; and

(B) that if, within the period specified in the notice (being a period of at least 21 days), the person pays the prescribed penalty to the authority specified in the notice and does the act or thing, no further action will be taken against the person in relation to the prescribed offence; and

(C) that if, at the end of the period specified in the notice, the person has not paid the prescribed penalty to the authority specified in the notice or has not done the act or thing, proceedings may be instituted against the person; or

(ii) in the case of a prescribed offence, not being an offence constituted by a failure to do a particular act or thing:

(A) that if, within the period specified in the notice (being a period of at least 21 days), the person pays the prescribed penalty to the authority specified in the notice, no further action will be taken against the person in relation to the prescribed offence; and

(B) that if, at the end of the period specified in the notice, the person has not paid the prescribed penalty to the authority specified in the notice, proceedings may be instituted against the person.

1313(2)  [Restrictions on notices]  


Subsection (1) does not empower ASIC:


(a) to give a person more than one notice under that subsection in relation to an alleged commission by that person of a particular prescribed offence; or


(b) to give a person a notice under that subsection in relation to a prescribed offence unless proceedings could be instituted against that person for that offence in accordance with section 1316.

1313(3)  [Method of service]  


A notice under subsection (1) may be given to a natural person either personally or by post.

1313(4)  [Offence of failing to do act or thing]  


Where a notice under subsection (1) is given to a person in relation to a prescribed offence constituted by a failure to do a particular act or thing:


(a) if, within the period specified in the notice, the person pays the prescribed penalty to the authority specified in the notice, and does the act or thing - no proceedings may be instituted against the person in respect of the prescribed offence; or


(b) if, at the end of the period specified in the notice, the person has paid the prescribed penalty to the authority specified in the notice but has not done the act or thing - no proceedings may be instituted against the person in respect of the prescribed offence, but the obligation to do that act or thing continues, and section 1314 applies in relation to the continued failure to do that act or thing as if, on the day on which the person so paid the prescribed penalty, the person had been convicted of an offence constituted by a failure to do that act or thing; or


(c) if, at the end of the period specified in the notice, the person has not paid the prescribed penalty to the authority specified in the notice but had done the act or thing - proceedings may be instituted against the person in respect of the prescribed offence; or


(d) if, at the end of the period specified in the notice, the person has not paid the prescribed penalty to the authority specified in the notice and has not done the act or thing - the obligation to do that act or thing continues, and proceedings may be instituted against the person in respect of the prescribed offence.

1313(5)  [Compliance with notice]  


Where a notice under subsection (1) is given to a person in relation to a prescribed offence, not being an offence constituted by a failure to do a particular act or thing:


(a) if, within the period specified in the notice, the person pays the prescribed penalty to the authority specified in the notice - no proceedings may be instituted against the person in respect of the prescribed offence; or


(b) if, at the end of the period specified in the notice, the person has not paid the prescribed penalty to the authority specified in the notice - proceedings may be instituted against the person in respect of the prescribed offence.

1313(6)  [No admission of liability]  


The payment of an amount by a person pursuant to a notice served on the person under this section in relation to a prescribed offence is not taken for any purpose to be an admission by that person of any liability in connection with the alleged commission of the prescribed offence.

1313(7)  [Effect on other provisions]  


Except as provided by paragraphs (4)(a) and (b) and (5)(a), this section does not affect the operation of any provision of this Act, of the regulations, of the rules or of any other Act in relation to the institution of proceedings in respect of offences that are prescribed offences for the purposes of this section.

1313(8)  [Definitions]  


In this section:

authority includes a person.

prescribed offence means:


(a) a subsection 1311(5) offence; or


(b) an offence against this Act that the regulations prescribe for the purposes of this section.

prescribed penalty , in relation to a prescribed offence in relation to which ASIC may give, or has given, to a person a notice under subsection (1), means:


(a) if the offence is a subsection 1311(5) offence:


(i) if the regulations prescribe in relation to the offence for the purposes of this paragraph an amount not exceeding one half the amount of the penalty applicable to the offence:

(A) if the person is a body corporate - a penalty of five times the amount so prescribed; or

(B) otherwise - a penalty of the amount so prescribed; or

(ii) otherwise:

(A) if the person is a body corporate - a penalty of 1.25 times the amount of the penalty applicable to the offence; or

(B) otherwise - a penalty of 0.25 times the amount of the penalty applicable to the offence; or

Note: Section 1311 provides for the penalty applicable to an offence.


(b) otherwise - a penalty of the amount that the regulations prescribe in relation to the offence.

subsection 1311(5) offence means an offence the penalty applicable to which is provided for by subsection 1311(5).

 



This information is provided by CCH Australia Limited. View the disclaimer and notice of copyright.
Top of page
More information on page