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CORPORATIONS (ABORIGINAL AND TORRES STRAIT ISLANDER) ACT 2006 - SECT 386.10

Pecuniary penalty orders

Pecuniary penalties

  (1)   A Court may order a person to pay the Commonwealth a pecuniary penalty of up to $200,000 if:

  (a)   a declaration of contravention by the person has been made under section   386 - 1; and

  (b)   the contravention:

  (i)   materially prejudices the interests of the Aboriginal and Torres Strait Islander corporation affected by the contravention or the interests of its members; or

  (ii)   materially prejudices the ability of the Aboriginal and Torres Strait Islander corporation affected by the contravention to pay its creditors; or

  (iii)   is serious.

Responsibilities of secretaries for certain corporate contraventions

  (1A)   Without limiting subsection   (1), if a declaration of contravention by a person of subsection   265 - 40(1) has been made under section   386 - 1, a Court may order the person to pay the Commonwealth a pecuniary penalty of up to $3,000.

Penalty a civil debt etc.

  (2)   The penalty is a civil debt payable to the Commonwealth. The Registrar, or the Commonwealth, may enforce the order as if it were an order made in civil proceedings against the person to recover a debt due by the person. The debt arising from the order is taken to be a judgment debt.


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