Commonwealth Consolidated Regulations

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CORPORATIONS REGULATIONS 2001 - REG 7.5A.115

Publication of details of infringement notice

             (1)  If ASIC gives an infringement notice to a recipient, ASIC may, at the end of the compliance period, publish details of the infringement notice.

             (2)  If ASIC decides to publish details of the infringement notice, ASIC must publish the details in accordance with either or both of subregulations (3) and (4).

             (3)  ASIC may publish details of an infringement notice by publishing in the Gazette :

                     (a)  a copy of the infringement notice; and

                     (b)  the following statements:

                              (i)  a statement as to whether the recipient has complied with the infringement notice;

                             (ii)  if the recipient has complied with the infringement notice, a statement that:

                                        (A)  compliance is not an admission of guilt or liability; and

                                        (B)  the recipient is not taken to have contravened the rule;

                            (iii)  if the recipient has not complied with the infringement notice, a statement that:

                                        (A)  the giving of an infringement notice to a recipient is only an allegation that the recipient has contravened the rule; and

                                        (B)  the recipient is not taken to have contravened the rule.

             (4)  ASIC may publish details of an infringement notice by issuing a written or oral statement that:

                     (a)  includes an accurate summary of the details of the infringement notice, including:

                              (i)  the name of the recipient; and

                             (ii)  the amount of the penalty specified in the infringement notice (if any); and

                            (iii)  the remedial measures specified in the infringement notice (if any); and

                            (iv)  the sanctions specified in the infringement notice (if any); and

                             (v)  the terms of an undertaking specified in the infringement notice (if any); and

                            (vi)  the conduct specified in the infringement notice as being the conduct that made up the alleged contravention of the rule; and

                     (b)  includes the following statements:

                              (i)  a statement as to whether the recipient has complied with the infringement notice;

                             (ii)  if the recipient has complied with the infringement notice, a statement that:

                                        (A)  compliance is not an admission of guilt or liability; and

                                        (B)  the recipient is not taken to have contravened the rule;

                            (iii)  if the recipient has not complied with the infringement notice, a statement that:

                                        (A)  the giving of an infringement notice to a recipient is only an allegation that the recipient has contravened the rule; and

                                        (B)  the recipient is not taken to have contravened the rule.



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