165Guide to this Part

165  Guide to this Part This Part is about civil penalty provisions. Civil penalty provisions impose obligations on certain persons. Civil remedies may be sought in relation to contraventions of these provisions. Division 2 authorises the court to make a declaration that a person has contravened a civil penalty provision and order the person to pay a pecuniary penalty. Only ASIC may apply to the court for the declaration or order. Division 3 has general provisions relating to civil penalty provisions, including rules about evidence and procedure. Division 2—Declarations and pecuniary penalty orders for contraventions of civil penalty provisions 166  Declaration of contravention of civil penalty provision Application for declaration of contravention  (1) Within 6 years of a person contravening a civil penalty provision, ASIC may apply to the court for a declaration that the person contravened the provision. Declaration of contravention  (2) The court must make the declaration if it is satisfied that the person has contravened the provision.  (3) The declaration must specify the following:  (a) the court that made the declaration;  (b) the civil penalty provision that was contravened;  (c) the person who contravened the provision;  (d) the conduct that constituted the contravention. Declaration of contravention conclusive evidence  (4) The declaration is conclusive evidence of the matters referred to in subsection (3).