Treasury Laws Amendment (Strengthening Corporate and Financial Sector Penalties) Act 2019 (17 of 2019)

Schedule 2   Amendment of the Australian Securities and Investments Commission Act 2001

Part 1   Amendments

Australian Securities and Investments Commission Act 2001

7   Subsections 12GB(1), (1A) and (1B)

Repeal the subsections, substitute:

(1) A person commits an offence if the person:

(a) contravenes; or

(b) attempts to contravene; or

(c) is involved in a contravention of;

a provision of Subdivision D (sections 12DA to 12DN) other than section 12DA.

Penalty: 2,000 penalty units.

(1A) Subsections 11.2(2) to (5) of the Criminal Code apply in relation to paragraph (1)(c) of this section, to the extent that the paragraph relates to aiding, abetting, counselling or procuring a person to contravene Subdivision D (sections 12DA to 12DN) other than section 12DA, in the same way as they apply in relation to subsection 11.2(1) of the Criminal Code.

(1B) Subsections 11.5(2) to (5) of the Criminal Code apply in relation to paragraph (1)(c) of this section, to the extent that the paragraph relates to conspiring with others to contravene Subdivision D (sections 12DA to 12DN) other than section 12DA, in the same way as they apply in relation to subsection 11.5(1) of the Criminal Code.