Application for civil penalty order based on alternative finding by court of summary jurisdiction
210 Application for civil penalty order based on alternative finding by court of summary jurisdiction
This section applies if, on the hearing of a proceeding for the summary conviction of the person for the offence, the court 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).
The court may find the person not guilty of the offence, but guilty of the contravention.
If the court does so, it 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.
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.
This Act’s bill:Second reading speech
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