Commonwealth Numbered Acts

SUPERANNUATION INDUSTRY (SUPERVISION) ACT 1993 No. 78, 1993 - SECT 209

209.(1) This section applies if the person is tried on indictment for the
offence and the jury is satisfied beyond reasonable doubt that the person
committed the contravention, but is not satisfied beyond reasonable doubt that
the person did so as mentioned in subsection 202(1).

(2) The jury may find the person not guilty of the offence, but guilty of the
contravention.

(3) If the jury does so, the court is to declare that the person has, by a
specified act or omission, contravened the civil penalty provision in relation
to a specified superannuation entity.

(4) If the court is the Court, it may then proceed to make an order under
subsection 196(3) on the application of the prosecutor or someone else who has
power under section 197 to apply for a civil penalty order in relation to the
contravention.

(5) Subsection (4) has effect despite section 198.

(6) A declaration under subsection (3) is subject to appeal or review as if it
were a conviction by the court for an offence constituted by the
contravention.