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SUPERANNUATION INDUSTRY (SUPERVISION) ACT 1993 - SECT 206

Final outcome precluding applications for civil penalty order

    When the criminal proceedings, appeals and applications for review are finally determined or otherwise disposed of:

  (a)   an application for a civil penalty order in relation to the same contravention cannot be made (except under this Division); and

  (b)   such an application that was stayed because of subsection   205(2) is, because of this section, dismissed;

if the result of the criminal proceedings, appeals and applications for review is:

  (c)   a court finding the person guilty of the offence; or

Note:   Section   195 defines when a court is taken to find a person guilty of an offence.

  (d)   the person being acquitted of the offence, unless there is in force a declaration that the person committed the contravention; or

Note:   This kind of declaration is made under section   209, 210 or 211.

  (e)   a declaration by a court that the evidence in a committal proceeding for the offence could not satisfy the Court, on an application for a civil penalty order, that the person committed the contravention; or

Note:   This kind of declaration is made under section   208.

  (f)   a declaration by a court that the person committed the contravention; or

Note:   This kind of declaration is made under section   209 or 211.

  (g)   an order by a court prohibiting an application for a civil penalty order in relation to the contravention from being made or from proceeding; or

Note:   This kind of declaration is made under section   212.

  (h)   the Court, on an appeal or review, affirming, varying or substituting a declaration that the person committed the contravention.

Note:   Section   213 applies in this case.


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