Commonwealth Consolidated Acts

CORPORATIONS ACT 2001 - SECT 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

  (baa)   a relinquishment order has been made against the person; or

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

  (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)   a banning order, or an order by the Court under section   921A (about disqualification by the Court), has been made against the person.

  (2)   Subsection   (1) does not apply if:

  (a)   an infringement notice is issued under section   1317DAC 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  (b)   the infringement notice is not withdrawn under section   1317DAI.