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CORPORATIONS ACT 2001 - SECT 1317DAPA

Giving infringement notices in relation to restricted civil penalty provisions

Giving an infringement notice following proposed action notice

  (1)   A Financial Services and Credit Panel must not give a person an infringement notice for the alleged contravention by the person of a restricted civil penalty provision unless:

  (a)   the panel gave the person a proposed action notice in relation to a proposal to give the infringement notice to the person and either:

  (i)   no submission or request for a hearing was made within the response period for the notice; or

  (ii)   a submission or request for a hearing was made within the response period for the notice and the panel has considered the submission or held the hearing (as the case may be); or

  (b)   all of the following apply:

  (i)   the panel gave the relevant provider a proposed action notice in relation to a proposed instrument under subsection   921K(1) in relation to the person and circumstances mentioned in that subsection;

  (ii)   those circumstances consist of, or include, the contravention;

  (iii)   a submission or request for a hearing was made within the response period for the proposed action notice;

  (iv)   the panel has considered the submission or held the hearing (as the case may be).

Instruments under subsection   921K(1) and warnings and reprimands

  (2)   A Financial Services and Credit Panel must not give a person an infringement notice for the alleged contravention by the person of a restricted civil penalty provision if:

  (a)   the panel, or another Financial Services and Credit Panel, has:

  (i)   made an instrument under subsection   921K(1) in relation to the person; or

  (ii)   given the person a warning or reprimand;

    because of circumstances mentioned in subsection   921K(1) or 921T(1); and

  (b)   those circumstances consist of, or include, the contravention.


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