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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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