CORPORATIONS ACT 2001 - SECT 1311E Where is the penalty for an offence specified?

CORPORATIONS ACT 2001 - SECT 1311E

  (1)   The penalty specified for an offence is:

  (a)   if a penalty, pecuniary or otherwise, is specified in Schedule   3 for the provision under which the offence is created, or a provision or provisions in which that provision is included--that penalty; and

  (b)   if a penalty, pecuniary or otherwise, is specified in any other provision of this Act for the provision under which the offence is created, or a provision or provisions in which that provision is included--that penalty.

  (2)   To avoid doubt, a penalty is not specified for an offence if it is a consequence for committing the offence that is not a punishment on conviction for the offence.

  (3)   Without limiting subsection   (2), each of the following is a consequence for committing an offence that is not a punishment on conviction for the offence:

  (a)   the availability, under any law of the Commonwealth or of a State or Territory, of a pecuniary penalty order for the contravention of a civil penalty provision that relates to the same conduct as that which gave rise to the offence;

  (b)   the availability , under any law of the Commonwealth or of a State or Territory, of an infringement notice in relation to an alleged commission of the offence;

  (c)   the availability of administrative consequences as a result of the commission of the offence, such as:

  (i)   disqualification from any office; or

  (ii)   consequences in relation to a licence; or

  (iii)   other actions that may be taken by ASIC under this Act or any other Act;

  (d)   the availability under any law of the Commonwealth or of a State or Territory (including the general law) of an order to refund money, pay compensation, relinquish a benefit or make any other payment if the offence is committed;

  (e)   the availability under any law of the Commonwealth or of a State or Territory (including the general law) of an injunction or any other order directing a person to take, or refrain from taking, action if the offence is committed.