Corporations Regulations 2001
CHAPTER 7
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FINANCIAL SERVICES AND MARKETS
PART 7.5A
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REGULATION OF DERIVATIVE TRANSACTIONS AND DERIVATIVE TRADE REPOSITORIES
Division 2
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Regulation of derivative transactions: derivative transaction rules
Subdivision 2.3
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Infringement notices
REGULATION 7.5A.102
INFRINGEMENT NOTICES
7.5A.102(1)
This Subdivision is made for sections 901F and 903E of the Act.
7.5A.102(2)
This Subdivision does not require ASIC to give an infringement notice to a person in relation to the alleged contravention of those sections.
7.5A.102(3)
This Subdivision does not affect the liability of a person to civil proceedings if ASIC does not give an infringement notice to the person in relation to the alleged contravention of those sections.
7.5A.102(4)
This Subdivision does not affect the liability of a person to civil proceedings if:
(a) ASIC gives an infringement notice to the person in relation to the alleged contravention of those sections; and
(b) either:
7.5A.102(5)
This Subdivision does not limit or otherwise affect the penalty that a Court could impose on the person for a contravention of those sections.
View history note
Hide history note[ CCH Note: Pursuant to the Corporations Amendment Regulations 2001 (No 4) (SR 2001 No 319) effective 11 March 2002, Chapter 7 (Securities) comprising reg 7.1.01 - 7.15.01 and Chapter 8 (The futures industry) comprising reg 8.1.01 - 8.7.03 are replaced by a new Chapter 7 (Financial services and markets) comprising reg 7.1.01 - 7.12.01. As the subject matter of the new Chapter 7 relates to the new financial services reform regime, " inserted " has been used in the history notes for each provision, and all references to the former provisions have been removed.]
This Subdivision is made for sections 901F and 903E of the Act.
7.5A.102(2)
This Subdivision does not require ASIC to give an infringement notice to a person in relation to the alleged contravention of those sections.
7.5A.102(3)
This Subdivision does not affect the liability of a person to civil proceedings if ASIC does not give an infringement notice to the person in relation to the alleged contravention of those sections.
7.5A.102(4)
This Subdivision does not affect the liability of a person to civil proceedings if:
(a) ASIC gives an infringement notice to the person in relation to the alleged contravention of those sections; and
(b) either:
(i) the notice is withdrawn; or
(ii) the person does not comply with the notice in accordance with regulation 7.5A.108 .
7.5A.102(5)
This Subdivision does not limit or otherwise affect the penalty that a Court could impose on the person for a contravention of those sections.
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