a contract of life insurance; or

a contract that provides for the payment of money on the death of a person by sickness or accident.

the type of consumer insurance contract in question, and its target market;

explanatory material or publicity produced or authorised by the insurer;

how clear, and how specific, any questions asked by the insurer of the insured were;

how clearly the insurer communicated to the insured the importance of answering those questions and the possible consequences of failing to do so;

whether or not an agent was acting for the insured;

whether the contract was a new contract or was being renewed, extended, varied or reinstated.

failed to answer a question; or

gave an obviously incomplete or irrelevant answer to a question.

the insured knows to be a matter relevant to the decision of the insurer whether to accept the risk and, if so, on what terms; or

a reasonable person in the circumstances could be expected to know to be a matter so relevant, having regard to factors including, but not limited to:

the nature and extent of the insurance cover to be provided under the relevant contract of insurance; and

the class of persons who would ordinarily be expected to apply for insurance cover of that kind.

that diminishes the risk;

that is of common knowledge;

that the insurer knows or in the ordinary course of the insurer’s business as an insurer ought to know; or

as to which compliance with the duty of disclosure is waived by the insurer.

failed to answer; or

gave an obviously incomplete or irrelevant answer to;

a question included in a proposal form about a matter, the insurer shall be deemed to have waived compliance with the duty of disclosure in relation to the matter.

of the general nature and effect of the duty of disclosure; and

if the contract is a contract of life insurance—of the effect of subsection 27AA(2); and

that the duty of disclosure applies until the proposed contract is entered into.

an insurer complies with subsection (1) in relation to a proposed contract of insurance; and

the insurer accepts an offer by the insured to enter into the proposed contract, or makes a counter-offer to enter into another contract of insurance with the insured; and

the insurer’s acceptance or counter-offer is made more than 2 months after the insured’s most recent disclosure for the purpose of complying with the duty of disclosure in relation to the proposed contract;

then the insurer must give to the insured, with the acceptance or counter-offer, a reminder notice stating that the duty of disclosure applies until the proposed or other contract is entered into.

for informing a person of the matters referred to in subsection (1); or

for the reminder notice referred to in subsection (3);

the writing to be used may be in accordance with the prescribed form.

an insurer is required to comply with subsection (3) in relation to a contract of insurance; and

the insurer does not do so;

then the insurer may not exercise a right in respect of a failure to comply with the duty of disclosure in relation to a new matter relating to the contract, unless the failure was fraudulent.

a person who is seeking to become a member of a superannuation, retirement or other group life scheme; or

a person who is a holder, or is applying to become a holder, of an RSA.

if the contract is, or would be, a consumer insurance contract—a misrepresentation made by the insured in breach of the duty to take reasonable care not to make a misrepresentation; or

otherwise:

a failure by the insured to comply with the duty of disclosure; or

a misrepresentation made by the insured to the insurer before the contract was entered into.

the life insured made a misrepresentation during the negotiations for the contract but before it was entered into; and

the misrepresentation would have been a breach of the duty to take reasonable care not to make a misrepresentation if that duty had applied to the life insured in relation to the contract;

then the misrepresentation is a relevant failure in relation to the contract (whether or not the contract is a consumer insurance contract).

a contract of life insurance includes 2 or more groups of provisions (for example, provisions that are grouped into 2 or more separate parts); and

each group of provisions could form a single contract of life insurance;

then this Division applies as if each group of provisions were a separate contract of life insurance.

a contract of life insurance includes 2 or more groups of provisions (for example, provisions that are grouped into 2 or more separate parts); and

because of subsection (1), this Division applies as if each group of provisions were a separate contract of life insurance; and

(c) the contract also includes provisions (related provisions) that relate to or affect the operation of one or more of the groups of provisions referred to in paragraph (a);

then the related provisions are, for the purposes of this Division, to be regarded as provisions included in each relevant separate contract of life insurance referred to in paragraph (b).

insurance cover in relation to a life insured that is underwritten on particular terms; and

insurance cover in relation to that life insured that:

is not underwritten; or

is underwritten on different terms;

then this Division applies as if the insurance cover referred to in paragraph (a) and the insurance cover referred to in paragraph (b) were each provided by a separate contract of life insurance.

the insurer would have entered into the contract even if the failure had not occurred; or

the failure was in respect of the date of birth of one or more of the life insureds.

Insurer may avoid contract

the relevant failure was not fraudulent; and

the insurer would not have been prepared to enter into a contract of life insurance with the insured on any terms, if the relevant failure had not occurred;

the insurer may, within 3 years after the contract was entered into, avoid the contract.

Insurer may vary contract

they had entered into similar contracts of life insurance to the relevant contract; and

there had been no relevant failure in relation to the similar contracts.

the similar contract provides insurance cover that is the same as, or similar to, the kind of insurance cover provided by the relevant contract; and

the similar contract was entered into at, or close to, the time the relevant contract was entered into.

Date of effect of variation of contract

the insurer may vary the contract under subsection (4) before the expiration of 3 years after the contract was entered into, but not after that period; and

subsections (6), (7) and (8) do not apply in relation to the contract.

where the sum insured (including any bonuses) exceeds the amount in dollars ascertained in accordance with the standard formula—the insurer may at any time vary the contract by substituting for the sum insured (including any bonuses) an amount that is not less than the amount in dollars so ascertained; and

where the sum insured (including any bonuses) is less than the amount so ascertained, the insurer shall either:

reduce, as from the date on which the contract was entered into, the premium payable to the amount that would have been payable if the contract had been based on the correct date of birth or correct dates of birth and repay the amount of overpayments of premium (less any amount that has been paid as the cash value of bonuses in excess of the cash value that would have been paid if the contract had been based on the correct date of birth or correct dates of birth) together with interest on that amount at the prescribed rate computed from the date on which the contract was entered into; or

vary the contract by substituting for the sum insured (including any bonuses) the amount in dollars so ascertained.

the expiration date of a contract of life insurance is calculated by reference to the date of birth of a person who is a life insured under the contract; and

the person’s date of birth was not correctly stated to the insurer at the time when the contract was entered into;

then the insurer may (instead of doing any of the things referred to in subsection (2)) vary the contract by changing its expiration date to the date that would have been the expiration date if the contract had been based on the correct date of birth.

shall have regard to the need to deter fraudulent conduct in relation to insurance; and

shall weigh the extent of the culpability of the insured in the fraudulent conduct against the magnitude of the loss that would be suffered by the insured if the avoidance were not disregarded;

but may also have regard to any other relevant matter.

the insurance cover provided by the group life contract in respect of the life insured were provided by an individual contract of life insurance between the insurer and the insured; and

the group life contract had been entered into at the time when the proposed life insured became a life insured under the group life contract.

subsection 11(11);

section 69.

Offence

the insurer is subject to a requirement under subsection (1); and

the insurer engages in conduct; and

the conduct contravenes the requirement.

a claim is made under a prescribed contract; and

the event the happening of which gave rise to the claim is a prescribed event in relation to the contract;

the insurer may not refuse to pay an amount equal to the minimum amount in relation to the claim by reason only that the effect of the contract, but for this subsection, would be that the event the happening of which gave rise to the claim was an event in respect of which:

the amount of the insurance cover provided by the contract was less than the minimum amount; or

insurance cover was not provided by the contract.

where the effect of the contract, but for subsection (1), would be that the liability of the insurer in respect of a claim arising upon the happening of the event would be less than the minimum amount—what the extent of the insurer’s liability under the contract in respect of such a claim would be; or

where the effect of the contract, but for subsection (1), would be that the insurer would be under no liability in respect of such a claim—that the contract would not provide insurance cover in respect of the happening of that event.

the contract is included in a class of contracts of insurance declared by the regulations to be a class of contracts in relation to which this Division applies; and

the contract was entered into after the day on which those regulations were made.

(a) the word flood has the meaning given by the regulations; and

other parts of speech or grammatical forms of that word have corresponding meanings.

an insurer has entered into an interim contract of insurance; and

before the insurance cover provided by the contract has expired, the insured has submitted a proposal to the insurer for a contract of insurance intended to replace the interim contract of insurance;

the insurer remains liable in accordance with the interim contract of insurance until the earliest of the following times:

the time when insurance cover commences under another contract of insurance (whether or not it is an interim contract of insurance) between the insured and the insurer or some other insurer, being insurance cover that is intended to replace the insurance cover provided by the interim contract of insurance;

the time when the interim contract of insurance is cancelled;

if the insured withdraws the proposal—the time of withdrawal.

clearly inform the insured in writing of the effect of subsection (3); and

if the contract does not provide insurance cover in relation to events that occurred before the contract was entered into, clearly inform the insured in writing that the contract does not provide such cover.

to settle or compromise a claim against the insured or third party beneficiary; or

to make an admission or payment in respect of such a claim.

whether the insurer admits that the contract applies to the claim; and

if the insurer so admits—whether the insurer proposes to conduct, on behalf of the claimant, the negotiations and any legal proceedings in respect of the claim made against the claimant.

that the insurer admits that the contract of liability insurance applies to the claim; and

that the insurer proposes to conduct, on behalf of the claimant, the negotiations and any legal proceedings in respect of the claim made against the claimant;

then:

the insurer may not refuse payment of the claim; and

the amount payable in respect of the claim is not reduced;

by reason only that the claimant breached the contract as mentioned in subsection (1).

requiring, authorizing or otherwise providing for differences or disputes in connection with the contract to be referred to arbitration; or

limiting the rights otherwise conferred by the contract on the insured by reference to an agreement to submit a difference or dispute to arbitration;

the provision is void.

the sum insured in respect of property that is the subject-matter of such a contract is less than 80% of the value of the property; and

but for this subsection, an average provision included in the contract would have the effect of reducing the liability of the insurer in respect of loss of or damage to the property to an amount that is less than the amount ascertained in accordance with the formula

where:

A is the number of dollars equal to the amount of the loss or damage.

S is the amount of the sum insured under the contract in respect of the property; and

P is 80% of the number of dollars equal to the value of the property.

the average provision has the effect of reducing the liability of the insurer to the amount so ascertained.

if the relevant contract provides for indemnifying the insured in respect of loss of or damage to the propertythe indemnity value of the property; or

if the relevant contract provides for reinstatement or replacement of the propertythe reinstatement or replacement value of the property;

at the time when the relevant contract was entered into.

has, in relation to the third party beneficiary’s claim, the same obligations to the insurer as the third party beneficiary would have if the third party beneficiary were the insured; and

may discharge the insured’s obligations in relation to the loss.

the contract is entered into in connection with an RSA; and

the owner of the policy is an RSA provider.

has, in relation to the third party beneficiary’s claim, the same obligations to the insurer as the third party beneficiary would have if the third party beneficiary were the insured; and

may discharge the insured’s obligations in relation to the payment of a benefit.

the third party beneficiary has a right to recover from the insurer any money that becomes payable under the contract even though the third party beneficiary is not a party to the contract;

if the third party beneficiary is not the life insured, any money paid to the third party beneficiary under the contract does not form part of the estate of the life insured.

the terms of the contract and the scheme; and

any other law;

relating to the payment of money under the contract or the scheme.

has, in relation to the third party beneficiary’s claim, the same obligations to the insurer as the third party beneficiary would have if the third party beneficiary were the insured; and

may discharge the insured’s obligations in relation to the payment of any money to the third party beneficiary under the contract.

to surrender a contract of life insurance to which the person is a party; or

to borrow money on the security of a contract of life insurance; or

to obtain a variation of a contract of life insurance, including a variation having the result that the contract ceases to be a contract to which this section applies.

a loss occurs in respect of property that is the subject-matter of a contract of general insurance; and

the insured and some other person each have an interest in the property;

but does not apply where:

the contract of insurance does not provide insurance cover in respect of an interest in the property that is not the insured’s interest; and

before the contract was entered into, the insurer clearly informed the insured in writing that the insurance cover provided by the contract would not extend to such an interest.

the amount of the insurer’s notional liability exceeds the amount of the insurer’s liability to the insured in respect of the loss; and

within 3 months after the day on which the loss occurred, a person who is not the insured but has an interest in the property gives to the insurer a notice in writing informing the insurer of the person’s interest;

the insurer is liable, at the expiration of that period, to pay to that person an amount equal to the amount by which the amount of the insurer’s notional liability exceeds the amount of the insured’s loss.

the amount of the insurer’s notional liability exceeds the amount of the liability to the insured in respect of the loss;

the insurer has paid to the insured the amount of the notional liability; and

the insurer did not know, and could not reasonably be expected to have known, that a person other than the insured had an interest in the property;

subsection (3) does not apply, but a person who is not the insured may recover from the insured an amount that bears to the amount of the notional liability the same proportion as the value of that person’s interests in the property bears to the total value of all persons’ interests in the property.

(a) a person (in this section called the purchaser) agrees to purchase, or to take an assignment of, property and in consequence the purchaser has, or will have, a right to occupy or use a building;

the building is the subject-matter of a contract of general insurance to which the vendor or assignor under the agreement is a party; and

the risk in respect of loss of or damage to the building has passed to the purchaser;

the purchaser shall be deemed to be an insured under the contract of insurance, so far as the contract provides insurance cover in respect of loss of or damage to the building and such of the contents of the building as are being sold or assigned to the purchaser at the same time, during the period commencing on the day on which the risk so passed and ending at whichever of the following times is the earliest:

the time when the sale or assignment is completed;

the time when the purchaser enters into possession of the building;

the time when insurance cover under a contract of insurance effected by the purchaser in respect of the building commences;

the time when the sale or assignment is terminated.

the insured or any third party beneficiary under a contract of liability insurance is liable in damages to another person; and

the contract provides insurance cover in respect of the liability; and

the insured or third party beneficiary has died or cannot, after reasonable inquiry, be found;

then the other person may recover from the insurer an amount equal to the insurer’s liability under the contract in respect of the liability of the insured or third party beneficiary.

the insurer’s liability under the contract; and

the liability of the insured or third party beneficiary, or the legal personal representative of the insured or third party beneficiary, to the other person.

the act was necessary to protect the safety of a person or to preserve property; or

it was not reasonably possible for the insured or other person not to do the act;

the insurer may not refuse to pay the claim by reason only of the act.

an omission; and

an act or omission that has the effect of altering the state or condition of the subject-matter of the contract or of allowing the state or condition of that subject-matter to alter.

an insured has entered into a contract of insurance with an insurer; and

ASIC is satisfied that the insured or any third party beneficiary under the contract has suffered damage, or is likely to suffer damage, because the terms of the contract, or the conduct of the insurer, breaches the requirements of this Act;

ASIC may, by application, if ASIC is of the opinion that it is in the public interest to do so:

bring an action against the insurer on behalf of the insured or third party beneficiary under or in respect of that contract; or

take over and continue, on behalf of the insured or third party beneficiary, an action brought against the insurer by the insured or third party beneficiary under or in respect of that contract.

a number of insureds have entered into contracts of insurance with an insurer; and

ASIC is satisfied that those insureds or any third party beneficiaries under the contract have suffered damage, or are likely to suffer damage, because the terms of the contracts, or the conduct of the insurer, breaches the requirements of this Act;

ASIC may, by application, if ASIC is of the opinion that it is in the public interest to do so, bring a single action against the insurer on behalf of all of those insureds or third party beneficiaries under or in respect of the contracts so entered into.

the court that made the declaration;

the civil penalty provision that was contravened;

the person who contravened the provision;

the conduct that constituted the contravention.

Declaration of contravention conclusive evidence

the nature and extent of the contravention; and

the nature and extent of any loss or damage suffered because of the contravention; and

the circumstances in which the contravention took place; and

whether the person has previously been found by a court (including a court in a foreign country) to have engaged in any similar conduct.

the penalty specified for the civil penalty provision; and

if the court can determine the benefit derived and detriment avoided because of the contravention—that amount multiplied by 3.

Pecuniary penalty applicable to the contravention of a civil penalty provision—by a body corporate

the penalty specified for the civil penalty provision, multiplied by 10; and

if the court can determine the benefit derived and detriment avoided because of the contravention—that amount multiplied by 3; and

either:

10% of the annual turnover of the body corporate for the 12-month period ending at the end of the month in which the body corporate contravened, or began to contravene, the civil penalty provision; or

if the amount worked out under subparagraph (i) is greater than an amount equal to 2.5 million penalty units—2.5 million penalty units.

Contrary intention

criminal proceedings are commenced or have already been commenced against the person for an offence; and

the offence is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention.

the civil proceedings are dismissed; and

(b) costs must not be awarded in relation to the civil proceedings.

the individual previously gave the information or produced the documents in proceedings for a declaration of contravention or a pecuniary penalty order against the individual for an alleged contravention of a civil penalty provision (whether or not the order was made); and

the conduct alleged to constitute the offence is the same, or substantially the same, as the conduct alleged to constitute the contravention.

within a particular period; or

before a particular time;

then the obligation to do that act or thing continues until the act or thing is done (even if the period has expired or the time has passed).

within a particular period; or

before a particular time;

commits a separate contravention of that provision in respect of each day during which the contravention occurs (including the day the relevant pecuniary penalty order is made or any later day).

the person’s intention; or

the person’s knowledge; or

the person’s recklessness; or

the person’s negligence; or

any other state of mind of the person.

at or before the time of the conduct constituting the contravention, the person:

considered whether or not facts existed; and

was under a mistaken but reasonable belief about those facts; and

had those facts existed, the conduct would not have constituted a contravention of the civil penalty provision.

the person had considered, on a previous occasion, whether those facts existed in the circumstances surrounding that occasion; and

the person honestly and reasonably believed that the circumstances surrounding the present occasion were the same, or substantially the same, as those surrounding the previous occasion.

the provision requires the person to do a thing within a particular period or before a particular time; and

the person fails or refuses to do that thing within that period or before that time; and

the failure or refusal occurs on more than 1 day; and

each contravention is constituted by the failure or refusal on one of those days.

be identified by a unique number; and

state the day on which it is given; and

state the name of the person to whom the notice is given; and

state the name and contact details of the person who gave the notice; and

give brief details of the alleged contravention, or each alleged contravention, to which the notice relates, including:

the provision that was allegedly contravened; and

the maximum penalty that a court could impose for each contravention, if the provision were contravened; and

the time (if known) and day of, and the place of, each alleged contravention; and

state the amount that is payable under the notice; and

give an explanation of how payment of the amount is to be made; and

state that the payment period for the notice will be 28 days, beginning on the day after the notice is given, unless the period is extended, an arrangement is made for payment by instalments or the notice is withdrawn; and

(i) state that, if the person to whom the notice is given pays the amount within the payment period, then (unless the notice is withdrawn):

if the alleged contravention is of an offence provision and would not also constitute a contravention of a civil penalty provision—the person will not be liable to be prosecuted in a court for the alleged contravention; or

if the alleged contravention is of an offence provision and would also constitute a contravention of a civil penalty provision—the person is not liable to be prosecuted in a court, and proceedings seeking a pecuniary penalty order will not be brought, in relation to the alleged contravention; or

if the alleged contravention is of a civil penalty provision—proceedings seeking a pecuniary penalty order will not be brought in relation to the alleged contravention; and

state that payment of the amount is not an admission of guilt or liability; and

state that the person may apply to ASIC to have the period in which to pay the amount extended or for an arrangement to pay the amount by instalments; and

state that the person may choose not to pay the amount and, if the person does so:

if the alleged contravention is of an offence provision and would not also constitute a contravention of a civil penalty provision—the person may be prosecuted in a court for the alleged contravention; or

if the alleged contravention is of an offence provision and would also constitute a contravention of a civil penalty provision—the person may be prosecuted in a court, or proceedings seeking a pecuniary penalty order may be brought, in relation to the alleged contravention; or

if the alleged contravention is of a civil penalty provision—proceedings seeking a pecuniary penalty order may be brought in relation to the alleged contravention; and

set out how the notice can be withdrawn; and

state that if the notice is withdrawn:

if the alleged contravention is of an offence provision and would not also constitute a contravention of a civil penalty provision—the person may be prosecuted in a court for the alleged contravention; or

if the alleged contravention is of an offence provision and would also constitute a contravention of a civil penalty provision—the person may be prosecuted in a court, or proceedings seeking a pecuniary penalty order may be brought, in relation to the alleged contravention; or

if the alleged contravention is of a civil penalty provision—proceedings seeking a pecuniary penalty order may be brought in relation to the alleged contravention; and

state that the person may make written representations to ASIC seeking the withdrawal of the notice.

for a single contravention of an offence provision—half the maximum penalty that a court could impose on the person for the contravention; and

for multiple contraventions of an offence provision—the amount worked out under paragraph (a) for a single contravention multiplied by the number of contraventions; and

for a single contravention of a civil penalty provision—12 penalty units for an individual and 60 penalty units for a body corporate; and

for multiple contraventions of a civil penalty provision—the amount worked out under paragraph (c) for a single contravention multiplied by the number of contraventions.

the last day of the period that, without the extension that has been refused, would be the payment period for the notice;

the day that is 7 days after the day the applicant was given notice of ASIC’s decision not to extend;

the day that is 7 days after the day the application is taken to have been refused under subsection 75ZA(4).

Instalments

the last day on which an instalment is to be paid under the arrangement;

if the person fails to pay an instalment in accordance with the arrangement, the last day on which the missed instalment was to be paid.

the last day of the period that, without the instalment arrangement, would be the payment period for the notice;

the day that is 7 days after the day the applicant was given notice of ASIC’s decision not to make the arrangement;

the day that is 7 days after the day the application is taken to have been refused under subsection 75ZB(4).

Payment period if ASIC refuses to withdraw infringement notice

the last day of the period that, without the withdrawal, would be the payment period for the notice;

the day that is 7 days after the day the person was given notice of ASIC’s decision not to withdraw the notice;

the day that is 7 days after the day on which, under subsection 75ZC(5), ASIC is taken to have refused to withdraw the infringement notice.

if a person makes an application in accordance with subsection (1); or

on ASIC’s own initiative.

ASIC may do so before or after the end of the payment period.

grant or refuse to grant an extension of the payment period for the infringement notice;

give the applicant notice in writing of ASIC’s decision.

ASIC is taken to have refused to grant an extension of the payment period for the infringement notice; and

the refusal is taken to have occurred on the last day of the 14 day period.

if a person makes an application in accordance with subsection (1); or

on ASIC’s own initiative.

ASIC may do so before or after the end of the payment period.

decide to make, or refuse to make, an arrangement for the applicant to pay the amount payable under the infringement notice by instalments;

give the applicant notice in writing of ASIC’s decision;

if ASIC decides to make the arrangement, specify in the notice:

the day by which each instalment is to be paid; and

the amount of each instalment.

ASIC is taken to have refused to make an arrangement for the applicant to pay the amount payable under the infringement notice by instalments; and

the refusal is taken to have occurred on the last day of the 14 day period.

a person does not pay all of the instalments in accordance with an arrangement made under this section; and

the person is prosecuted, or proceedings seeking a pecuniary penalty order are brought, for the alleged contravention;

ASIC must refund to the person the amount of any instalments paid.

if the person makes representations to ASIC in accordance with subsection (1); or

on ASIC’s own initiative.

ASIC may do so before or after the end of the payment period.

decide to withdraw, or refuse to withdraw, the infringement notice; and

if ASIC decides to withdraw the notice—give the applicant a withdrawal notice in accordance with subsection (6); and

if ASIC decides to refuse to withdraw the notice—give the applicant notice of that fact.

must take into account any written representations seeking the withdrawal that were given by the person to ASIC; and

may take into account the following:

whether a court has previously imposed a penalty on the person for a contravention of a provision of this Act;

the circumstances of the alleged contravention;

whether the person has paid an amount, stated in an earlier infringement notice, for a contravention of a provision of this Act;

any other matter ASIC considers relevant.

ASIC is taken to have refused to make an arrangement for the applicant to pay the amount payable under the infringement notice by instalments; and

the refusal is taken to have occurred on the last day of the 14 day period.

Notice of withdrawal

the person’s name and address; and

the day the infringement notice was given; and

the identifying number of the infringement notice; and

that the infringement notice is withdrawn; and

that:

if the alleged contravention is of an offence provision and would not also constitute a contravention of a civil penalty provision—the person may be prosecuted in a court for the alleged contravention; or

if the alleged contravention is of an offence provision and would also constitute a contravention of a civil penalty provision—the person may be prosecuted in a court, or proceedings seeking a pecuniary penalty order may be brought, in relation to the alleged contravention; or

if the alleged contravention is of a civil penalty provision—proceedings seeking a pecuniary penalty order may be brought in relation to the alleged contravention.

Refund of amount if infringement notice withdrawn

ASIC withdraws the infringement notice; and

the person has already paid all or part of the amount stated in the notice;

ASIC must refund to the person an amount equal to the amount paid.

any liability of the person for the alleged contravention is discharged; and

if the alleged contravention is of an offence provision and would not also constitute a contravention of a civil penalty provision—the person may not be prosecuted in a court for the alleged contravention; and

if the alleged contravention is of an offence provision and would also constitute a contravention of a civil penalty provision—the person may not be prosecuted in a court, and proceedings seeking a pecuniary penalty order may not be brought, in relation to the alleged contravention; and

if the alleged contravention is of a civil penalty provision—proceedings seeking a pecuniary penalty order may not be brought in relation to the alleged contravention; and

the person is not regarded as having admitted guilt or liability for the alleged contravention; and

if the provision is an offence provision—the person is not regarded as having been convicted of the alleged offence.