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CORPORATIONS ACT 2001 No. 50, 2001 - SECT 1317E
Declarations of contravention
(1) If a Court is satisfied that a person has contravened 1 of the following
provisions, it must make a declaration of contravention:
180(1) and 181(1) and (2), 182(1) and (2), 183(1) and (2) (officers' duties);
- subsection 209(2) (related parties rules);
- subsections 254L(2), 256D(3), 259F(2) and 260D(2) (share capital
- subsection 344(1) (requirements for financial reports);
- subsection 588G(2) (insolvent trading);
- subsection 601FC(1);
- subsection 601FD(1);
- subsection 601FE(1);
- section 601FG;
- subsection 601JD(1);
- subclause 29(6) of Schedule 4.
These provisions are the civil penalty provisions .
- Note: Once a declaration has been made ASIC can then seek a pecuniary penalty
order (section 1317G) or a disqualification order (section 206C).
(2) A declaration of contravention must specify the following:
- the Court
that made the declaration;
- the civil penalty provision that was contravened;
- the person who contravened the provision;
- the conduct that constituted the contravention;
- the corporation or registered scheme to which the conduct related.
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