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CORPORATIONS ACT 2001

CHAPTER 9 - MISCELLANEOUS  

PART 9.4 - OFFENCES  

Division 2 - Offences generally  

SECTION 1311  GENERAL PENALTY PROVISIONS  

1311(1)  

A person who:


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


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


(c) otherwise contravenes a provision of this Act;

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


(d) is guilty of an offence; or


(e) is not guilty of an offence.

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

1311(1A)  

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 for that provision, or for 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, 2P and 5A;


(d) Parts 5B.1 and 5B.3;


(daa) Chapter 5D;
 View history reference


(da) Chapter 6CA;
 View history reference


(dba) Part 6D.3A;
 View history reference


(db) Chapter 7;
 View history reference


(dc) Chapter 8;
 View history reference


(e) Chapter 10.

1311(2)  

Subject to section 1312, a person who is guilty of an offence against this Act, 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)  

Where:


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


(b) a provision of this Act (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 for that provision, or for a provision or provisions in which that provision is included, the penalty applicable to the offence is the penalty so set out.

1311(4)  

Where a provision of this Act (other than this section) provides that the penalty applicable to a contravention of a particular provision of this Act 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)  

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

1311(6)  

 View history reference
An offence based on subsection (1) for which the penalty is set out in subsection (5) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.


 



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