Corporations Act 2001
Sections and provisions with full text and the judgments that cite each one.
Section 1317F — Declaration of contravention is conclusive evidence
A declaration of contravention is conclusive evidence of the matters referred to in subsection 1317E(2).
Section 1317QF — Preference must be given to compensate persons who suffer damage as a result of contravention
(1) This section applies if a court considers that it is appropriate to: (a) make a pecuniary penalty order against a person in relation to a contravention of a civil penalty provision; or (b) make a…
Section 1317AG — Identifying information not to be disclosed etc. to courts or tribunals
If a person (the discloser) makes a disclosure of information that qualifies for protection under this Part, the discloser or any other person is not to be required: (a) to disclose to a court or…
Section 1317DAG — Effect of failure to comply with infringement notice
Circumstances in which this section applies (1) This section applies if an infringement notice issued to a disclosing entity is not withdrawn under section 1317DAI. No proceedings may be started etc.…
Section 1317G — Pecuniary penalty orders
Court may order person to pay pecuniary penalty (1) A Court may order a person to pay to the Commonwealth a pecuniary penalty in relation to the contravention of a civil penalty provision if: (a) a…
Section 1317AH — Costs only if proceedings instituted vexatiously etc.
(1) This section applies to a proceeding (including an appeal) in a court in relation to a matter arising under section 1317AE in which a person (the claimant) is seeking an order under subsection…
Section 1317DAH — Meaning of compliance period
(1) Subject to this section, the compliance period for an infringement notice is a period of 28 days beginning on the day after the day on which the infringement notice is issued. (2) ASIC may…
Section 1317H — Compensation orders—corporation/scheme civil penalty provisions
Compensation for damage suffered (1) A Court may order a person to compensate a corporation, registered scheme or notified foreign passport fund for damage suffered by the corporation, scheme or fund…
Section 1317AI — Whistleblower policies
(1) A public company must: (a) have a policy that sets out the matters referred to in subsection (5); and (b) make that policy available to officers and employees of the company. Note: Failure to…
Section 1317DAI — Withdrawal of infringement notice
Disclosing entity may seek withdrawal (1) If an infringement notice is issued to a disclosing entity, the disclosing entity may make written representations to ASIC seeking the withdrawal of the…
Section 1317AJ — Exemption orders—class orders for companies
(1) ASIC may, by legislative instrument, make an order in respect of a specified class of company relieving companies in the class from all or specified requirements of section 1317AI. (2) The order…
Section 1317DAJ — Publication in relation to infringement notices
(1) If: (a) ASIC issues an infringement notice to a disclosing entity; and (b) subsection 1317DAF(3) (compliance with the infringement notice) is satisfied; ASIC may publish details of the disclosing…
Section 1317J — Who may apply for a declaration or order
Application by ASIC (1) ASIC may apply for a declaration of contravention, a pecuniary penalty order or a compensation order. (1A) However, ASIC must not make an application under subsection (1) in…
Section 1317AK — Review of operation of whistleblower protections
(1) The Minister must cause a review to be undertaken of the operation of: (a) this Part; and (b) Part IVD of the Taxation Administration Act 1953. Note: Part IVD of the Taxation Administration Act…
Section 1317K — Time limit for application for a declaration or order
Proceedings for a declaration of contravention, a pecuniary penalty order, or a compensation order, may be started no later than 6 years after the contravention.
Section 1317L — Civil evidence and procedure rules for declarations of contravention and civil penalty orders
The Court must apply the rules of evidence and procedure for civil matters when hearing proceedings for: (a) a declaration of contravention; or (b) a pecuniary penalty order.
Section 1317DAM — When an infringement notice may be given
(1) If ASIC believes on reasonable grounds that a person has contravened a provision subject to an infringement notice under this Part, ASIC may give the person an infringement notice for the alleged…
Section 1317M — Civil proceedings after criminal proceedings
A court must not make a declaration of contravention, a pecuniary penalty order or a relinquishment order against a person for a contravention if the person has been convicted of an offence…
Section 1317DAN — Provisions subject to an infringement notice
The following provisions are subject to an infringement notice under this Part: (a) strict liability offences against this Act; (b) absolute liability offences against this Act; (c) other prescribed…
Section 1317N — Criminal proceedings during civil proceedings
(1) Proceedings for a declaration of contravention, a pecuniary penalty order or a relinquishment order against a person are stayed if: (a) criminal proceedings are started or have already been…
Section 1317DAP — Matters to be included in an infringement notice
(1) An infringement notice must: (a) be identified by a unique number; and (b) state the day on which it is given; and (c) state the name of the person to whom the notice is given; and (d) state the…
Section 1317P — 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…
Section 1317DAQ — Payment period
Usual payment period (1) The payment period for an infringement notice begins on the day after the notice is given and, unless otherwise specified in this section, continues for 28 days. Payment…
Section 1317Q — Evidence given in proceedings for penalty not admissible in criminal proceedings
Evidence of information given or evidence of production of documents by an individual is not admissible in criminal proceedings against the individual if: (a) the individual previously gave the…
Section 1317DAR — Extension of time to pay amount
(1) A person to whom an infringement notice has been given may, during the payment period for the notice, apply to ASIC for an extension of the payment period for the notice. (2) ASIC may, in…
Section 1317R — ASIC requiring person to assist
(1) ASIC may require a person to give all reasonable assistance in connection with: (a) an application for a declaration of contravention or a pecuniary penalty order; or (b) criminal proceedings for…
Section 1317DAS — Payment by instalments
(1) A person to whom an infringement notice has been given may, within 28 days after the infringement notice is given, apply to ASIC to make an arrangement to pay the amount payable under the…
Section 1317S — Relief from liability for contravention of civil penalty provision
(1) In this section: eligible proceedings: (a) means proceedings for a contravention of a civil penalty provision (including proceedings under section 588M, 588W, 961M, 1317GA, 1317GB, 1317H, 1317HA,…
Section 1317DAT — Withdrawal of an infringement notice
Representations seeking withdrawal of notice (1) A person to whom an infringement notice has been given may, within 28 days after the infringement notice is given, make written representations to…
Section 1317DAU — Effect of payment of amount
(1) If the person to whom an infringement notice for an alleged contravention of a provision is given pays the amount stated in the notice before the end of the payment period for the notice: (a) any…
Section 1317DAV — Effect of this Part
This Part does not: (a) require an infringement notice to be given to a person for an alleged contravention of: (i) a provision subject to an infringement notice under this Part; or (ii) a restricted…
Section 1318 — Power to grant relief
(1) If, in any civil proceeding against a person to whom this section applies for negligence, default, breach of trust or breach of duty in a capacity as such a person, it appears to the court before…
Section 1319 — Power of Court to give directions with respect to meetings ordered by the Court
Where, under this Act, the Court orders a meeting to be convened, the Court may, subject to this Act, give such directions with respect to the convening, holding or conduct of the meeting, and such…
Section 1322 — Irregularities
(1) In this section, unless the contrary intention appears: (a) a reference to a proceeding under this Act is a reference to any proceeding whether a legal proceeding or not; and (b) a reference to a…
Section 1323 — Power of Court to prohibit payment or transfer of money, financial products or other property
(1) Where: (a) an investigation is being carried out under the ASIC Act or this Act in relation to an act or omission by a person, being an act or omission that constitutes or may constitute a…
Section 1324 — Injunctions
(1) Where a person has engaged, is engaging or is proposing to engage in conduct that constituted, constitutes or would constitute: (a) a contravention of this Act; or (b) attempting to contravene…
Section 1324A — Provisions relating to prosecutions
In the prosecution of a person for an offence in respect of a contravention of a provision of Chapter 5C, 6CA or 6D, Part 7.10 or Chapter 8B, the Court may do either or both of the following: (a)…
Section 1324B — Order to disclose information or publish advertisements
Without limiting section 1324, if, on the application of ASIC, the Court is satisfied that a person has engaged in conduct constituting a contravention of a provision of Chapter 5C, 6CA or 6D,…
Section 1325 — Other orders
(1) Where, in a proceeding instituted under, or for a contravention of, a section 1325 order provision the Court finds that a person who is a party to the proceeding has suffered, or is likely to…
Section 1325A — Orders if contravention of Chapter 6, 6A, 6B or 6C
(1) The Court may make any order or orders (including a remedial order) that it considers appropriate if a person: (a) contravenes a provision of Chapter 6, 6A, 6B or 6C; or (b) contravenes a…
Section 1325B — Court may order bidder to make offers
(1) If a bidder making a takeover bid for a class of securities contravenes section 631 by failing to make offers under the bid within time and ASIC applies for an order under this section, the Court…
Section 1325C — Unfair or unconscionable agreements, payments or benefits
(1) The Court may make orders under subsection (2) if: (a) a body corporate gives, or enters into an agreement to give, a director or secretary of the body corporate or a related body corporate a…
Section 1325D — Contravention due to inadvertence etc.
(1) The Court may declare that any act, document or matter: (a) is not invalid merely because a person has contravened a provision of Chapter 6, 6A, 6B or 6C; and (b) has had effect at all times as…
Section 1325E — Orders to secure compliance
In order to secure compliance with an order under section 1325A, 1325B or 1325C, the Court may direct a person to: (a) do a specified act; or (b) refrain from doing a specified act.
Section 1326 — Effect of sections 1323, 1324 and 1325
Nothing in any of sections 1323, 1324, 1324A, 1324B, and 1325 limits the generality of anything else in any of those sections.
Section 1327 — Power of Court to punish for contempt of Court
Nothing in a provision of this Act that provides: (a) that a person must not contravene an order of the Court; or (b) that a person who contravenes an order of the Court contravenes a provision of…
Section 1330 — ASIC’s power to intervene in proceedings
(1) ASIC may intervene in any proceeding relating to a matter arising under this Act. (2) Where ASIC intervenes in a proceeding referred to in subsection (1), ASIC is taken to be a party to the…
Section 1331 — Civil proceedings not to be stayed
No civil proceedings under this Act are to be stayed merely because the proceeding discloses, or arises out of, the commission of an offence.
Section 1332 — Standard of proof
Where, in proceedings other than proceedings for an offence, it is necessary to establish, or for the Court to be satisfied, for any purpose relating to a matter arising under this Act, that: (a) a…
Section 1333 — Evidence of contravention
For the purposes of this Act, a certificate that: (a) purports to be signed by the Registrar or other proper officer of an Australian court; and (b) states: (i) that a person was convicted by that…