CORPORATIONS ACT 2001 No. 50, 2001 - SECT 1317S Relief from liability for contravention of civil penalty
CORPORATIONS ACT 2001 No. 50, 2001 - SECT 1317S
Relief from liability for contravention of civil penalty(1) In this section:
- (a)
- means proceedings for a contravention of a civil penalty provision (including proceedings under section 588M, 588W or 1317H); and
- (b)
- does not include proceedings for an offence (except so far as the proceedings relate to the question whether the court should make an order under section 588K or 1317H).
(2) If:
- (a)
- eligible proceedings are brought against a person; and
- (b)
- in the proceedings it appears to the court that the person has, or may have, contravened a civil penalty provision but that:
(3) In determining under subsection (2) whether a person ought fairly to be excused for a contravention of section 588G, the matters to which regard is to be had include, but are not limited to:
- (a)
- any action the person took with a view to appointing an administrator of the company or Part 5.7 body; and
- (b)
- when that action was taken; and
- (c)
- the results of that action.
(4) If a person thinks that eligible proceedings will or may be begun against them, they may apply to the Court for relief. (5) On an application under subsection (4), the Court may grant relief under subsection (2) as if the eligible proceedings had been begun in the Court. (6) For the purposes of subsection (2) as applying for the purposes of a case tried by a judge with a jury:
(7) Nothing in this section limits, or is limited by, section 1318.