Corporations Regulations 2001

CHAPTER 7 - FINANCIAL SERVICES AND MARKETS  

PART 7.8 - OTHER PROVISIONS RELATING TO CONDUCT ETC CONNECTED WITH FINANCIAL PRODUCTS AND FINANCIAL SERVICES, OTHER THAN FINANCIAL PRODUCT DISCLOSURE  

Division 2 - Dealing with clients ' money  

Subdivision AA - Client money reporting rules  

REGULATION 7.8.05K   EFFECT OF COMPLIANCE WITH CLIENT MONEY REPORTING INFRINGEMENT NOTICE  

7.8.05K(1)    
Subject to subregulation (3), if:

(a) a client money reporting infringement notice is given to a recipient in relation to an alleged contravention of a client money reporting rule; and

(b) the infringement notice is not withdrawn; and

(c) the recipient complies with the infringement notice;

the effects in subregulation (2) apply.

7.8.05K(2)    
The effects are:

(a) any liability of the recipient to the Commonwealth for the alleged contravention of the client money reporting rule is discharged; and

(b) no civil or criminal proceedings may be brought or continued by the Commonwealth against the recipient for the conduct specified in the client money reporting infringement notice as being the conduct that made up the alleged contravention of the client money reporting rule or rules; and

(c) no administrative action may be taken by ASIC under section 914A , 915B , 915C or 920A of the Act against the recipient for the conduct specified in the infringement notice as being the conduct that made up the alleged contravention of the client money reporting rule; and

(d) the recipient is not taken to have admitted guilt or liability in relation to the alleged contravention; and

(e) the recipient is not taken to have contravened the client money reporting rule.

Note: Third parties are not prevented from commencing civil proceedings against the recipient, including under section 1101B of the Act. ASIC is not prevented from applying for an order on behalf of a plaintiff in accordance with the Act.

7.8.05K(3)    
Subregulation (2) does not apply if the recipient has knowingly:

(a) provided false or misleading information to ASIC; or

(b) withheld evidence or information from ASIC;

in relation to the alleged contravention of the client money reporting rule.