Contents of infringement notice
7.2A.06 Contents of infringement notice
An infringement notice:
must state the date on which it is given; and
must be identified by a unique code; and
must state the name and address of the recipient; and
must state that it is being given by ASIC under regulation 7.2A.04; and
must specify details of each alleged contravention of subsection 798H(1) of the Act to which the infringement notice relates, including:
the conduct that made up each alleged contravention (including, to the extent known, the date on which it occurred and the place at which it occurred); and
each market integrity rule that ASIC alleges the recipient has contravened; and
must, in relation to each market integrity rule that ASIC alleges the recipient has contravened, state the maximum pecuniary penalty that a Court could order the recipient to pay for contravening the market integrity rule; and
must, in relation to each alleged contravention of subsection 798H(1) of the Act to which the infringement notice relates:
specify the penalty (if any) payable for each alleged contravention of subsection 798H(1) of the Act; and
if subparagraph (i) applies:
specify the total penalty that the recipient must pay to the Commonwealth; and
state that the penalty is payable to ASIC on behalf of the Commonwealth; and
explain how payment of the penalty can be made; and
specify the remedial measures (if any) that the recipient must undertake or institute; and
specify the sanctions (if any) that the recipient must accept; and
specify the terms of an undertaking (if any) that the recipient must enter into under regulation 7.2A.01; and
must state that the recipient may choose not to comply with the infringement notice, but that if the recipient does not comply, civil proceedings may be brought against the recipient in relation to the alleged contravention; and
must explain what the recipient must do to comply with the infringement notice and the effect of compliance with the infringement notice; and
must state that the recipient may apply to ASIC:
for withdrawal of the notice under regulation 7.2A.11; and
for an extension of time under regulation 7.2A.09; and
must state that ASIC may publish details of the infringement notice under regulation 7.2A.15; and
may include any other information that ASIC considers necessary.
For sub‑subparagraph (g)(ii)(A), the total penalty is the sum of the penalties payable under subparagraph (g)(i).
This Act’s bill:Explanatory statement
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