58FM
In forceCivil penalty double jeopardy
Volume 2Chapter 4, Part IVC to Chapter 6, Part IX (sections 55 to 113)
Chapter 4Provisions relating to particular industries, payment surcharges etc.
Part IVFScams Prevention Framework
Division 6Enforcing the Scams Prevention Framework
Subdivision CCivil penalty provisions
58FM Civil penalty double jeopardy
If a person is ordered under an SPF civil penalty order to pay a pecuniary penalty in respect of particular conduct, the person is not liable to:
(a)
a pecuniary penalty for contravening another civil penalty provision of an SPF principle or of an SPF code; or
(b)
a pecuniary penalty under some other provision of a law of the Commonwealth;
in respect of that conduct.
Note:
A court may make other kinds of orders under this Division, for example under section 58FZC (actions for damages), in relation to particular conduct even if the court has made an SPF civil penalty order in relation to that conduct.
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