Corporations Act 2001
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Hide history note(a) ASIC issues an infringement notice to a disclosing entity; and
(b) subsection 1317DAF(3) (compliance with the infringement notice) is satisfied;
ASIC may publish details of the disclosing entity's compliance with the infringement notice under subsection (2) or (3) or under both of those subsections.
1317DAJ(2) [ Publication in the Gazette ]ASIC publishes details of the disclosing entity's compliance with the infringement notice under this subsection if it publishes a copy of the infringement notice in the Gazette together with the following statements:
(a) a statement that the disclosing entity has complied with the infringement notice;
(b) a statement that compliance with the notice is not an admission of guilt or liability;
(c) a statement that the disclosing entity is not regarded as having contravened the provision specified in the notice. 1317DAJ(3) [ Other types of publication]
ASIC publishes details of the disclosing entity's compliance with the infringement notice under this subsection if:
(a) ASIC issues a statement (whether written or oral) about the disclosing entity's compliance with the infringement notice; and
(b) the statement is limited to an accurate summary of the infringement notice including:
(i) the name of the disclosing entity; and
(ii) the amount of the penalty payable under the notice in relation to the alleged contravention; and
together with the following statements:
(iii) the conduct specified in the notice as the conduct in relation to which the infringement notice was issued;
(iv) a statement that the disclosing entity has complied with the infringement notice;
(v) a statement that compliance with the notice is not an admission of guilt or liability;
1317DAJ(4) [ ASIC must not publish]
(vi) a statement that the relevant disclosing entity is not regarded as having contravened the provision specified in the notice.
ASIC must not otherwise publish details of:
(a) an infringement notice; or
(b) a disclosing entity's compliance with an infringement notice.
Failure to comply with this subsection is not an offence.
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