Commonwealth Numbered Acts

CORPORATIONS ACT 1989 No. 109 of 1989 - SECT 1311

1311. (1) A person who:

   (a)  does an act or thing that the person is forbidden to do by or under a
        provision of this Act;

   (b)  does not do an act or thing that the person is required or directed to
        do by or under a provision of this Act; or

   (c)  otherwise contravenes a provision of this Act; is guilty of an offence
        by virtue of this subsection, unless that or another provision of this
        Act provides that the person:

   (d)  is guilty of an offence; or

   (e)  is not guilty of an offence.

(2) Subject to section 1312, a person who is guilty of an offence against this
Act, whether by virtue of subsection (1) or otherwise, is punishable, on
conviction, by a penalty not exceeding the penalty applicable to the offence.

(3) Where:

   (a)  subsection (1) operates in relation to a provision of this Act so as
        to make a person guilty of an offence; or

   (b)  a provision of this Act (other than this section) provides that a
        person is, in circumstances referred to in the provision, guilty of an
        offence; and a penalty, pecuniary or otherwise, is set out in Schedule
        3 immediately under a heading referring to that provision, or to a
        provision or provisions in which that provision is included, the
        penalty applicable to the offence is the penalty so set out.

(4) Where a provision of this Act (other than this section) provides that the
penalty applicable to a contravention of a particular provision of this Act is
a specified penalty, pecuniary or otherwise, the penalty applicable to an
offence constituted by a contravention of the particular provision is the
specified penalty.

(5) Except as provided in subsection (3) or (4) or in a provision of this Act
(other than this section), the penalty applicable to the offence is a fine of
$500.