- Title
- Civil penalty proceedings
- Creator
- Finlay, Anne
- Relation
- Supreme Court of NSW Annual Conference 2004. Proceedings of the Supreme Court of NSW Annual Conference 2004 (Bowral, NSW 20-22 August, 2004)
- Relation
- http://www.judcom.nsw.gov.au/index.php
- Publisher
- Judicial Commision of New South Wales
- Resource Type
- conference paper
- Date
- 2004
- Description
- The Australian Law Reform Commission (ALRC) completed a three–year Inquiry into federal civil and administrative penalties in Australia in December 2002. The ALRC defined civil penalty, for the purposes of its Report ALRC 95 Principled Regulation (ALRC 95), as a penalty imposed by the courts using civil rather than criminal processes. In the course of the Inquiry, the ALRC examined some 72 federal statutes that impose some form of civil (or administrative) penalty. Many are relatively silent on procedure. The Corporations Act 2001 (Cth), for example, simply states that civil penalty applications be dealt with according to the civil rules of procedure. For the purposes of this paper particular attention will be paid to the civil penalty proceedings arising under the Corporations Act.
- Subject
- Australian Law Reform Commission; civil and administrative penalties; Corporations Act 2001; civil court procedures
- Identifier
- uon:3094
- Identifier
- http://hdl.handle.net/1959.13/32814
- Full Text
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