Companies Act 2014 section 934H

Specified person not to be liable to be penalised twice for same relevant contravention

Section 934H prevents a person from being penalised twice for the same conduct, whether by the Supervisory Authority imposing a monetary sanction and by criminal prosecution under state law.

• A person who receives a monetary sanction from the Supervisory Authority cannot also be prosecuted or punished under state law for the same conduct
• The protection against double penalisation applies whether the conduct gave rise to the relevant contravention in whole or in part
• The Supervisory Authority is prohibited from imposing a monetary sanction where the person has already been charged and tried (whether found guilty or not guilty) for a criminal offence involving the same conduct
• The rule operates in both directions: whichever penalty route is pursued first effectively blocks the other