Where is the penalty for an offence specified?
(1) The penalty specified for an offence is: (a) if a penalty, pecuniary or otherwise, is specified in Schedule 3 for the provision under which the offence is created, or a provision or provisions in which that provision is included—that penalty; and (b) if a penalty, pecuniary or otherwise, is specified in any other provision of this Act for the provision under which the offence is created, or a provision or provisions in which that provision is included—that penalty. (2) To avoid doubt, a penalty is not specified for an offence if it is a consequence for committing the offence that is not a punishment on conviction for the offence. (3) Without limiting subsection (2), each of the following is a consequence for committing an offence that is not a punishment on conviction for the offence: (a) the availability, under any law of the Commonwealth or of a State or Territory, of a pecuniary penalty order for the contravention of a civil penalty provision that relates to the same conduct as that which gave rise to the offence; (b) the availability, under any law of the Commonwealth or of a State or Territory, of an infringement notice in relation to an alleged commission of the offence; (c) the availability of administrative consequences as a result of the commission of the offence, such as: (i) disqualification from any office; or (ii) consequences in relation to a licence; or (iii) other actions that may be taken by ASIC under this Act or any other Act; (d) the availability under any law of the Commonwealth or of a State or Territory (including the general law) of an order to refund money, pay compensation, relinquish a benefit or make any other payment if the offence is committed; (e) the availability under any law of the Commonwealth or of a State or Territory (including the general law) of an injunction or any other order directing a person to take, or refrain from taking, action if the offence is committed.
Sourced from the Federal Register of Legislation at 17 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.
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