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AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION ACT 2001 - SECT 63

Non - compliance with requirements made under this Part

  (1)   A person must not intentionally or recklessly fail to comply with a requirement made under:

  (a)   section   19; or

  (b)   subsection   21(3); or

  (c)   section   30, 30A, 30B, 31, 32A, 33 or 34; or

  (d)   subsection   37(9); or

  (e)   section   38; or

  (f)   section   39.

Penalty:   2 years imprisonment.

  (2)   A person must not fail to comply with a requirement made under section   41, 42, 43 or 44.

Penalty:   120 penalty units.

  (3)   A person must not fail to comply with a requirement made under subsection   21(1) or 29(2), paragraph   24(2)(a) or subsection   49(3) or 58(1), (2) or (4).

Penalty:   3 months imprisonment.

  (4)   A person must comply with a requirement made under subsection   23(2) or 48(2).

Penalty:   20 penalty units.

  (5)   Subsections   (1), (1A), (2) and (3) do not apply to the extent that the person has a reasonable excuse.

Note:   A defendant bears an evidential burden in relation to the matter in this subsection, see subsection   13.3(3) of the Criminal Code .

  (6)   Paragraph   (1)(d) does not apply to the extent that the person has explained the matter to the best of his or her knowledge or belief.

Note:   A defendant bears an evidential burden in relation to the matter in this subsection, see subsection   13.3(3) of the Criminal Code .

  (7)   Paragraph   (1)(e) does not apply to the extent that the person has stated the matter to the best of his or her knowledge or belief.

Note:   A defendant bears an evidential burden in relation to the matter in this subsection, see subsection   13.3(3) of the Criminal Code .

  (8)   Paragraph   (1)(f) does not apply to the extent that the person has, to the extent that the person is capable of doing so, performed the acts referred to in paragraphs 39(a) and (b).

Note:   A defendant bears an evidential burden in relation to the matter in this subsection, see subsection   13.3(3) of the Criminal Code .


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