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SUPERANNUATION INDUSTRY (SUPERVISION) ACT 1993 - SECT 208 After unsuccessful committal proceeding, court may preclude application for civil penalty order

SUPERANNUATION INDUSTRY (SUPERVISION) ACT 1993 - SECT 208

After unsuccessful committal proceeding, court may preclude application for civil penalty order

  (1)   If:

  (a)   a proceeding in a court for the commitment of the person for trial for the offence is finally determined or otherwise disposed of without the person being committed for trial for the offence; and

  (b)   that court is satisfied that the evidence in the proceeding could not satisfy the Court, on an application for a civil penalty order in relation to the contravention, that the person committed the contravention;

the court may declare that it is so satisfied.

  (2)   A declaration under subsection   (1) is subject to appeal or review in the same way as any other order or decision made in the proceeding.

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