Application for civil penalty order based on alternative finding by appeal court
211 Application for civil penalty order based on alternative finding by appeal court
This section applies if:
a court finds the person guilty of the offence; and
on appeal or review, a court makes an order determining the criminal proceedings for the offence in a way that does not involve convicting the person of that or any other offence; and
the court is satisfied beyond reasonable doubt that the person committed the contravention.
The court may declare that the person has, by a specified act or omission, contravened the civil penalty provision in relation to a specified superannuation entity.
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.
Subsection (3) has effect despite section 198.
A declaration under subsection (2) is subject to appeal or review in the same way as any other order or decision that was made on the appeal or review or might have been made.
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