Corporations Act 2001

CHAPTER 9 - MISCELLANEOUS  

PART 9.4AA - INFRINGEMENT NOTICES FOR ALLEGED CONTRAVENTIONS OF CONTINUOUS DISCLOSURE PROVISIONS  

SECTION 1317DAG   EFFECT OF FAILURE TO COMPLY WITH INFRINGEMENT NOTICE  

Circumstances in which this section applies

1317DAG(1)    
This section applies if an infringement notice issued to a disclosing entity is not withdrawn under section 1317DAI .

1317DAG(2)    
(Repealed by No 82 of 2021, s 3, Sch 2[52] (effective 14 August 2021).)

No proceedings may be started etc.

1317DAG(3)    

Subject to subsection (4) , no proceedings may be started or continued against the disclosing entity in relation to:

(a)    the alleged contravention of the provision specified in the infringement notice; or

(b)    an offence constituted by the same conduct that constituted the alleged contravention.

1317DAG(4)    
Subsection (3) does not apply to the following proceedings:

(a)    compensation proceedings, contravention proceedings, enforcement proceedings and public interest proceedings that relate to the alleged contravention of the provision specified in the infringement notice;

(b)    

proceedings to enforce the following orders of a Court:

(i) (Repealed)

(ii) an order made in relation to proceedings referred to in paragraph (a) ;

(iii) (Repealed)

(iv) an order made under subsection 1335(2) in relation to proceedings referred to in paragraph (a) other than public interest proceedings;

(c)    any other proceedings in respect of a breach of an order referred to in paragraph (b) ;

(d)    

an appeal to a Court against the following decisions or orders of a Court:

(i) (Repealed)

(ii) a decision or order made in relation to proceedings referred to in paragraph (a) ;

(iii) (Repealed)

(iv) a decision or order made under subsection 1335(2) in relation to proceedings referred to in paragraph (a) other than public interest proceedings.

1317DAG(5)    
To avoid doubt, subsection (3) does not prevent ASIC from:

(a)    

making a determination under subsection 708AA(3) , 708A(2) , 713(6) , 713A(23) , 1012DAA(3) , 1012DA(2) or 1013FA(3) of this Act; or

(b)    making an order under section 91 of the ASIC Act; or

(c)    accepting an undertaking under section 93AA , 93A or 93B of the ASIC Act; or

(d)    bringing proceedings to enforce the determination, order or undertaking.