Corporations Act 2001
Sections and provisions with full text and the judgments that cite each one.
Section 1314 — Continuing offences
(1) Where: (a) by or under a provision, an act is or was required to be done within a particular period or before a particular time; and (b) failure to do the act within that period or before that…
Section 1315 — Proceedings: how taken
(1) Subject to this Act, in any proceedings for an offence against this Act, any information, charge, complaint or application may be laid or made by: (a) ASIC; or (b) an ASIC delegate; or (c)…
Section 1316 — Time for instituting criminal proceedings
Despite anything in any other law, proceedings for an offence against this Act may be instituted within the period of 5 years after the act or omission alleged to constitute the offence or, with the…
Section 1316A — Privilege against self-incrimination not available to bodies corporate in Corporations Act criminal proceedings
(1) In a Corporations Act criminal proceeding, a body corporate is not entitled to refuse or fail to comply with a requirement: (a) to answer a question or give information; or (b) to produce a book…
Section 1317 — Certain persons to assist in prosecutions
(1) Where a prosecution in respect of an offence against this Act has been instituted, or ASIC is of the opinion that a prosecution in respect of an offence against this Act ought to be instituted,…
Section 1317A — Definitions
In this Part: decision has the same meaning as in the Administrative Review Tribunal Act 2024.
Section 1317AA — Disclosures qualifying for protection under this Part
Disclosure to ASIC, APRA or prescribed body (1) A disclosure of information by an individual (the discloser) qualifies for protection under this Part if: (a) the discloser is an eligible…
Section 1317AAA — Meaning of eligible whistleblower
An individual is an eligible whistleblower in relation to a regulated entity if the individual is, or has been, any of the following: (a) an officer of the regulated entity; (b) an employee of the…
Section 1317AADA — Personal work-related grievances
(1) Subsections 1317AA(1) and (2) do not apply to a disclosure of information by an individual (the discloser) to the extent that the information disclosed: (a) concerns a personal work-related…
Section 1317ADA — Meaning of detriment
In sections 1317AC and 1317AD, detriment includes (without limitation) any of the following: (a) dismissal of an employee; (b) injury of an employee in his or her employment; (c) alteration of an…
Section 1317DAA — Application of this Part to disclosing entities
(2) For the purposes of applying this Part to a disclosing entity that is an undertaking to which interests in a registered scheme relate: (a) references to the disclosing entity are taken to be…
Section 1317DAAA — Meaning of compensation proceedings
Compensation proceedings are: (a) proceedings under section 1317H, 1317HA, 1317HB, 1317HC or 1317HE; and (b) proceedings under section 12GF of the ASIC Act in relation to a contravention of section…
Section 1317DAPA — Giving infringement notices in relation to restricted civil penalty provisions
Giving an infringement notice following proposed action notice (1) A Financial Services and Credit Panel must not give a person an infringement notice for the alleged contravention by the person of a…
Section 1317DATA — Application of Division
This Division applies in relation to an infringement notice given to a person by a Financial Services and Credit Panel.
Section 1317GA — Refund orders—charging ongoing fee after termination of arrangement
(1) A Court may order that a a person who is a fee recipient refund a fee paid to the fee recipient by another person (the client) if the Court is satisfied that: (a) the fee recipient knowingly or…
Section 1317GAA — Civil enforcement of pecuniary penalty order
(1) A pecuniary penalty is a debt payable to ASIC on behalf of the Commonwealth. (2) ASIC or the Commonwealth may enforce a pecuniary penalty order as if it were an order made in civil proceedings…
Section 1317HA — Compensation orders—financial services civil penalty provisions
Compensation for damage suffered (1) A Court may order a person (the liable person) to compensate another person (including a corporation), registered scheme or notified foreign passport fund for…
Section 1317QA — Continuing contraventions of civil penalty provisions
(1) If an act or thing is required under a civil penalty provision to be done: (a) within a particular period; or (b) before a particular time; then the obligation to do that act or thing continues…
Section 1317AAB — Meaning of regulated entity
Each of the following is a regulated entity: (a) a company; (b) a corporation to which paragraph 51(xx) of the Constitution applies; (c) an ADI (within the meaning of the Banking Act 1959), an…
Section 1317AB — Disclosure that qualifies for protection not actionable etc.
(1) If a person makes a disclosure that qualifies for protection under this Part: (a) the person is not subject to any civil, criminal or administrative liability (including disciplinary action) for…
Section 1317B — Applications for review
(1) Subject to this Part, applications may be made to the Tribunal for review of a decision made under this Act by: (a) the Minister; or (b) ASIC; or (ba) the Reserve Bank; or (c) the Companies…
Section 1317DAB — Purpose and effect of this Part
(1) The purpose of this Part is to provide for the issue of an infringement notice to a disclosing entity for an alleged contravention of subsection 674(2) or 675(2). (2) This Part does not: (a)…
Section 1317DAPB — Application of Division
This Division applies in relation to an infringement notice given to a person by ASIC.
Section 1317DATB — Payment period, extension of time and payment by instalments
(1) Sections 1317DAQ, 1317DAR and 1317DAS apply, in relation to an infringement notice given to a person by a Financial Services and Credit Panel, with the modifications provided for in subsections…
Section 1317GAB — Relinquishing the benefit derived and detriment avoided from contravening a civil penalty provision
Relinquishment order (1) A Court may order a person to pay the Commonwealth an amount equal to the benefit derived and detriment avoided because of a contravention of a civil penalty provision if a…
Section 1317GB — Refund orders—contraventions of section 962R or 962S
(1) This section applies if a a person who is a fee recipient: (a) deducts an amount of an ongoing fee payable under an ongoing fee arrangement from an account held by a person (the account holder)…
Section 1317HB — Compensation orders—market integrity rules and client money reporting rules
Compensation for damage suffered (1) A Court may order a person (the liable person) to compensate another person (including a corporation), a registered scheme or a notified foreign passport fund for…
Section 1317QB — State of mind
(1) In proceedings for a declaration of contravention or an order under Division 1 against a person for a contravention of a civil penalty provision, it is not necessary to prove: (a) the person’s…
Section 1317AAC — Meaning of eligible recipient
(1) Each of the following is an eligible recipient in relation to a regulated entity that is a body corporate: (a) an officer or senior manager of the body corporate or a related body corporate; (b)…
Section 1317AC — Victimisation prohibited
Actually causing detriment to another person (1) A person (the first person) contravenes this subsection if: (a) the first person engages in conduct; and (b) the first person’s conduct causes any…
Section 1317C — Excluded decisions
Section 1317B does not apply in relation to: (a) a decision in respect of which any provision in the nature of an appeal or review is expressly provided by this Act; or (b) a decision that is…
Section 1317DAC — Issue of infringement notice
Issue of infringement notice (1) Subject to section 1317DAD, if ASIC has reasonable grounds to believe that a disclosing entity has contravened subsection 674(2) or 675(2), ASIC may issue an…
Section 1317DATC — Withdrawal of an infringement notice given by a Financial Services and Credit Panel
Representations seeking withdrawal of notice (1) A person to whom an infringement notice has been given by a Financial Services and Credit Panel may, within 28 days after the infringement notice is…
Section 1317GAC — Civil enforcement of relinquishment order
(1) The amount payable under a relinquishment order is a debt payable to ASIC on behalf of the Commonwealth. (2) ASIC or the Commonwealth may enforce a relinquishment order as if it were an order…
Section 1317HC — Compensation orders—financial benchmark rules or compelled financial benchmark rules
Compensation for damage suffered (1) A Court may order a person (the liable person) to compensate another person (including a corporation), or a registered scheme, for damage suffered by the person…
Section 1317QC — Mistake of fact
(1) A person is not liable to have a declaration of contravention or an order under Division 1 made against the person for a contravention of a civil penalty provision if: (a) at or before the time…
Section 1317AAD — Public interest disclosure and emergency disclosure
(1) A disclosure of information (the public interest disclosure) by an individual (the discloser) qualifies for protection under this Part if: (a) the discloser has previously made a disclosure of…
Section 1317AD — Compensation and other remedies—circumstances in which an order may be made
(1) A court may make an order under section 1317AE in relation to a person (the first person) if: (a) the first person engages in conduct (detrimental conduct) that: (i) causes any detriment to…
Section 1317D — Notice of reviewable decision and review rights
(1) This section applies if the Minister, ASIC, the Companies Auditors Disciplinary Board or a committee convened under Part 2 of Schedule 2 (the decision maker) makes a decision to which section…
Section 1317DAD — Statement of reasons must be given
Statement of reasons (1) Before issuing the infringement notice, ASIC must: (a) give the disclosing entity a written statement that sets out ASIC’s reasons for believing that the disclosing entity…
Section 1317GAD — Meaning of benefit derived and detriment avoided—civil penalty provision
The benefit derived and detriment avoided because of a contravention of a civil penalty provision is the sum of: (a) the total value of all benefits obtained by one or more persons that are…
Section 1317QD — Exceptions etc. to civil penalty provisions—burden of proof
(1) If, in proceedings for a declaration of contravention or an order under Division 1 against a person for a contravention of a civil penalty provision, the person wishes to rely on any exception,…
Section 1317AAE — Confidentiality of whistleblower’s identity
(1) A person (the first person) contravenes this subsection if: (a) another person (the discloser) makes a disclosure of information (the qualifying disclosure) that qualifies for protection under…
Section 1317AE — Compensation and other remedies—orders that may be made
(1) For the purposes of subsections 1317AD(1), (2) and (2A), a court may make any of the following orders: (a) an order requiring the first person to compensate the second person, or any other…
Section 1317DAE — Matters to be included in infringement notice
(1) The infringement notice: (a) must state the day on which it is issued; and (b) must state the name and address of the disclosing entity to whom it is issued; and (c) must state that it is being…
Section 1317E — Declaration of contravention of a civil penalty provision
Declaration of contravention (1) If a Court is satisfied that a person has contravened a civil penalty provision, the Court must make a declaration of contravention. (2) The declaration must specify…
Section 1317HE — Compensation orders—Passport Rules
(1) A Court may order a person (the liable person) to compensate another person (other than a passport fund) for damage suffered by the other person if: (a) the liable person has contravened…
Section 1317QE — Civil penalty provisions contravened by employees, agents or officers
If an element of a civil penalty provision is done by an employee, agent or officer of a body corporate acting: (a) within the actual or apparent scope of the employee’s, agent’s, or officer’s…
Section 1317AF — Interaction between civil proceedings, civil penalties and criminal offences
To avoid doubt, a person may bring civil proceedings for an order under section 1317AE, or civil proceedings for a contravention of subsection 1317AC(1), (2) or (3), in relation to particular…
Section 1317DAF — Effect of issue and compliance with infringement notice
Circumstances in which this section applies (1) This section applies if subsection (2) or (3) is satisfied. (2) This subsection is satisfied if: (a) the compliance period for the infringement notice…