Commonwealth Consolidated Acts

CORPORATIONS (ABORIGINAL AND TORRES STRAIT ISLANDER) ACT 2006 - SECT 386.1

Meaning 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.