Corporations Regulations 2001
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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.]
If ASIC gives an infringement notice to a recipient, ASIC may, at the end of the compliance period, publish details of the infringement notice.
7.2A.15(2) [ Requirements for publication]If ASIC decides to publish details of the infringement notice, ASIC must publish the details in accordance with either or both of subregulations (3) and (4).
7.2A.15(3) [ Publication in Gazette]ASIC may publish details of an infringement notice by publishing in the Gazette :
(a) a copy of the infringement notice; and
(b) the following statements:
(i) a statement as to whether the recipient has complied with the infringement notice;
(ii) if the recipient has complied with the infringement notice, a statement that:
(A) compliance is not an admission of guilt or liability; and
(B) the recipient is not taken to have contravened subsection 798H(1) of the Act;
7.2A.15(4) [ Publication by issue of statement]
(iii) if the recipient has not complied with the infringement notice, a statement that:
(A) the giving of an infringement notice to a recipient is only an allegation that the recipient has contravened subsection 798H(1) of the Act; and
(B) the recipient is not taken to have contravened subsection 798H(1) of the Act.
ASIC may publish details of an infringement notice by issuing a written or oral statement that:
(a) includes an accurate summary of the details of the infringement notice, including:
(i) the name of the recipient; and
(ii) the amount of the penalty specified in the infringement notice (if any); and
(iii) the remedial measures specified in the infringement notice (if any); and
(iv) the sanctions specified in the infringement notice (if any); and
(v) the terms of an undertaking specified in the infringement notice (if any); and
(vi) the conduct specified in the infringement notice as being the conduct that made up the alleged contravention of subsection 798H(1) of the Act; and
(b) includes the following statements:
(i) a statement as to whether the recipient has complied with the infringement notice;
(ii) if the recipient has complied with the infringement notice, a statement that:
(A) compliance is not an admission of guilt or liability; and
(B) the recipient is not taken to have contravened subsection 798H(1) of the Act;
(iii) if the recipient has not complied with the infringement notice, a statement that:
(A) the giving of an infringement notice to a recipient is only an allegation that the recipient has contravened subsection 798H(1) of the Act; and
(B) the recipient is not taken to have contravened subsection 798H(1) of the Act.
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