Corporations Act 2001

CHAPTER 7 - FINANCIAL SERVICES AND MARKETS  

Note: This Chapter applies to a CCIV in a modified form: see Division 4 of Part 8B.7 .

PART 7.3 - LICENSING OF CLEARING AND SETTLEMENT FACILITIES  

Division 3A - CS facility rules  

Subdivision B - Compliance with CS facility rules  

SECTION 826L   ALTERNATIVES TO CIVIL PROCEEDINGS  

826L(1)    
The regulations may provide for a person who is alleged to have contravened subsection 826J(1) (complying with CS facility rules) to be not liable to civil proceedings in relation to that alleged contravention if the person instead does one or more of the following in relation to that alleged contravention:

(a)    pay a penalty to the Commonwealth;

(b)    undertake or institute remedial measures (including education programs);

(c)    accept sanctions other than the payment of a penalty to the Commonwealth;

(d)    enter into a legally enforceable undertaking.

826L(2)    
The penalty payable under regulations made for the purposes of paragraph (1)(a) in relation to an alleged contravention of a CS facility rule must not exceed:

(a)    for an individual - 3,000 penalty units; and

(b)    for a body corporate - 15,000 penalty units.

826L(3)    
Without limiting regulations that may be made for the purposes of paragraph (1)(d) , those regulations may provide for one or more of the following kinds of undertakings:

(a)    an undertaking to take specified action within a specified period;

(b)    an undertaking to refrain from taking specified action;

(c)    an undertaking to pay a specified amount within a specified period to the Commonwealth or to some other specified person.