Section 1317P — Corporations Act 2001: Criminal proceedings after civil proceedings

(1) Subject to subsection (2), criminal proceedings may be started against a person for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether: (a) a declaration of contravention has been made against the person; or (b) a pecuniary penalty order has been made against the person; or (baa) a relinquishment order has been made against the person; or (ba) a refund order has been made against the person; or (c) a compensation order has been made against the person; or (d) the person has been disqualified from managing a corporation under Part 2D.6; or (e) a banning order, or an order by the Court under section 921A (about disqualification by the Court), has been made against the person. (2) Subsection (1) does not apply if: (a) an infringement notice is issued under section 1317DAC to the person for an alleged contravention of subsection 674(2) or 675(2); and (b) the infringement notice is not withdrawn under section 1317DAI.