Commonwealth Consolidated Acts

AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION ACT 2001 - SECT 12GBA

Application for declaration of contravention

  (1)   ASIC may apply to a Court for a declaration that a person has contravened a civil penalty provision.

  (2)   ASIC must make the application within 6 years of the alleged contravention.

Declaration of contravention

  (3)   The Court must make the declaration if it is satisfied that the person has contravened the provision.

  (4)   The declaration must specify the following:

  (a)   the Court that made the declaration;

  (b)   the civil penalty provision that was contravened;

  (c)   the person who contravened the provision;

  (d)   the conduct that constituted the contravention.

Declaration of contravention conclusive evidence

  (5)   The declaration is conclusive evidence of the matters referred to in subsection   (4).

Meaning of civil penalty provision

  (6)   The following provisions are civil penalty provisions :

  (aa)   a provision of Subdivision BA;

  (a)   a provision of Subdivision C;

  (b)   a provision of Subdivision D (other than section   12DA);

  (ba)   a provision of Subdivision DA;

  (c)   a provision of Subdivision GC.