Corporations Act 2001

CHAPTER 9 - MISCELLANEOUS  

PART 9.4AB - INFRINGEMENT NOTICES FOR OTHER ALLEGED CONTRAVENTIONS  

Division 1 - General  

SECTION 1317DAM   WHEN AN INFRINGEMENT NOTICE MAY BE GIVEN  

1317DAM(1)    
If ASIC believes on reasonable grounds that a person has contravened a provision subject to an infringement notice under this Part, ASIC may give the person an infringement notice for the alleged contravention.

1317DAM(1A)    

Subject to section 1317DAPA , if a Financial Services and Credit Panel believes on reasonable grounds that a person has contravened a restricted civil penalty provision, the panel may give the person an infringement notice for the alleged contravention.

1317DAM(2)    

An infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place.

1317DAM(3)    
A single infringement notice must relate only to a single contravention of a single provision unless subsection (4) applies.

1317DAM(4)    

ASIC or a Financial Services and Credit Panel may give a person a single infringement notice relating to multiple contraventions of a single provision if:

(a)    the provision requires the person to do a thing within a particular period or before a particular time; and

(b)    the person fails or refuses to do that thing within that period or before that time; and

(c)    the failure or refusal occurs on more than 1 day; and

(d)    each contravention is constituted by the failure or refusal on one of those days.

1317DAM(5)    
If an alleged contravention would, if proved, constitute both a contravention of a civil penalty provision and of an offence provision, the infringement notice must relate to the alleged contravention of the offence provision.