Commonwealth Consolidated Acts Commonwealth Consolidated ActsMeaning of civil penalty provisions and declarations
(1) If a Court is satisfied that a person has contravened 1 of the following provisions, it must make a declaration of contravention:
(a) subsections 265 - 1(1), 265 - 5(1) and (2), 265 - 10(1) and (2) and 265 - 15(1) and (2) (officers' duties);
(aa) subsection 265 - 40(1) (secretaries' responsibilities);
(b) subsection 284 - 5(2) (related parties rules);
(ba) subsections 308 - 20(5), 308 - 25(4), 308 - 40(4) and 308 - 45(2) (director identification numbers);
(c) subsection 363 - 1(1) (requirements for record keeping and reports);
(d) subsections 588G(2), 588GAB(2) and 588GAC(2) of the Corporations Act (as applied by section 531 - 1 of this Act) (insolvent trading and creditor - defeating dispositions).
These provisions are the civil penalty provisions .
Note: Once a declaration has been made, the Registrar can then seek a pecuniary penalty order (section 386 - 10) or a disqualification order (section 279 - 15).
Declarations to specify certain matters
(2) A declaration of contravention must specify the following:
(a) the Court that made the declaration;
(b) the civil penalty provision that was contravened;
(c) the person who contravened the provision;
(d) the conduct that constituted the contravention;
(e) the Aboriginal and Torres Strait Island corporation affected by the contravention.