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CORPORATIONS ACT 2001

CHAPTER 9 - MISCELLANEOUS  

PART 9.4B - CIVIL CONSEQUENCES OF CONTRAVENING CIVIL PENALTY PROVISIONS  

SECTION 1317P  CRIMINAL PROCEEDINGS AFTER CIVIL PROCEEDINGS  

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1317P(1)  

Subject to subsection (2), criminal proceedings may be started against a person for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether:


(a) a declaration of contravention has been made against the person; or


(b) a pecuniary penalty order has been made against the person; or


(ba) a refund order has been made against the person; or
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(c) a compensation order has been made against the person; or


(d) the person has been disqualified from managing a corporation under Part 2D.6; or


(e) an order has been made against the person by ASIC under section 920A (banning orders) or by the Court under section 921A (disqualification by Court).

1317P(2)  

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Subsection (1) does not apply if:


(a) an infringement notice is issued to the person for an alleged contravention of subsection 674(2) or 675(2); and


(b) the infringement notice is not withdrawn under section 1317DAI.


 



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