Victorian Consolidated Legislation

Companies (Application of Laws) Act 1981 - SECT 16A

Regulations for penalty notices

16A. Regulations for penalty notices



(1) The Governor in Council may make regulations that-

   (a)  prescribe offences against the Companies (Victoria) Code (not being
        offences the penalties applicable to which include a term of
        imprisonment that exceeds six months or a pecuniary penalty that
        exceeds $2500), or offences against the Companies (Victoria)
        Regulations, for the purposes of section 570A of the Companies
        (Victoria) Code; and

   (b)  in relation to each offence that is prescribed pursuant to this
        subsection-

   (i)  prescribe the particulars of that offence that are to be given in a
        notice served on a person under section 570A of the Companies
        (Victoria) Code in relation to the offence; and

   (ii) prescribe the amount of the penalty (being an amount that does not
        exceed half the amount of the penalty applicable to the offence) that
        is payable in respect of the offence pursuant to a notice served on
        the person under section 570A of the Companies (Victoria) Code in
        relation to the offence.

(2) In subsection (1), a reference to a penalty applicable to an offence is a
reference to the penalty that is applicable to that offence by virtue of any
of the provisions of section 570 of the Companies (Victoria) Code.

(3) The particulars of an offence required to be prescribed by subsection
(1)(b)(i) may be prescribed by being set out in the form prescribed by the
Companies (Victoria) Regulations for the purposes of section 570A of the
Companies (Victoria) Code in relation to the offence.

(4) A provision of the Companies (Victoria) Regulations that is inconsistent
with a provision of regulations made under this section has no effect.



(5) Except as provided in subsection (4), regulations under this section shall
be read and construed as one with the Companies (Victoria) Regulations.

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