Statement of reasons must be given
7.8.05E Statement of reasons must be given
Before giving a recipient a client money reporting infringement notice, ASIC must:
give the recipient a written statement that sets out ASIC’s reasons for believing that the recipient has contravened a client money reporting rule; and
give the recipient, or a representative of the recipient, an opportunity to:
appear at a private hearing before ASIC; and
give evidence to ASIC; and
make submissions to ASIC;
in relation to the alleged contravention of the client money reporting rule.
If a recipient, or a representative of a recipient, gives ASIC evidence or information under paragraph (1)(b) in relation to the alleged contravention of a client money reporting rule, the evidence or information is not admissible in evidence in any proceedings against the recipient, other than proceedings relating to the evidence or information being false or misleading.
This Act’s bill:Explanatory statement
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