Corporations Act 2001

CHAPTER 9 - MISCELLANEOUS  

PART 9.4AB - INFRINGEMENT NOTICES FOR OTHER ALLEGED CONTRAVENTIONS  

Division 1 - General  

SECTION 1317DAP   MATTERS TO BE INCLUDED IN AN INFRINGEMENT NOTICE  

1317DAP(1)  
An infringement notice must:

(a)  be identified by a unique number; and

(b)  state the day on which it is given; and

(c)  state the name of the person to whom the notice is given; and

(d)  state the name and contact details of the person who gave the notice; and

(e)  give brief details of the alleged contravention, or each alleged contravention, to which the notice relates, including:


(i) the provision that was allegedly contravened; and

(ii) the maximum penalty that a court could impose for each contravention, if the provision were contravened; and

(iii) the time (if known) and day of, and the place of, each alleged contravention; and

(f)  state the amount that is payable under the notice; and

(g)  give an explanation of how payment of the amount is to be made; and

(h)  

state that the payment period for the notice will be 28 days, beginning on the day after the notice is given, unless the period is extended, an arrangement is made for payment by instalments or the notice is withdrawn; and

(i)  state that, if the person to whom the notice is given pays the amount within the payment period, then (unless the notice is withdrawn):


(i) if the alleged contravention is of an offence provision and would not also constitute a contravention of a civil penalty provision - the person will not be liable to be prosecuted in a court for the alleged contravention; or

(ii) if the alleged contravention is of an offence provision and would also constitute a contravention of a civil penalty provision - the person is not liable to be prosecuted in a court, and proceedings seeking a pecuniary penalty order will not be brought, in relation to the alleged contravention; or

(iii) if the alleged contravention is of a civil penalty provision - proceedings seeking a pecuniary penalty order will not be brought in relation to the alleged contravention; and

(j)  state that payment of the amount is not an admission of guilt or liability; and

(k)  

state that the person may apply to:

(i) if the notice was given to the person by a Financial Services and Credit Panel - the panel; or

(ii) otherwise - ASIC;
to have the period in which to pay the amount extended or for an arrangement to pay the amount by instalments; and

(l)  state that the person may choose not to pay the amount and, if the person does so:


(i) if the alleged contravention is of an offence provision and would not also constitute a contravention of a civil penalty provision - the person may be prosecuted in a court for the alleged contravention; or

(ii) if the alleged contravention is of an offence provision and would also constitute a contravention of a civil penalty provision - the person may be prosecuted in a court, or proceedings seeking a pecuniary penalty order may be brought, in relation to the alleged contravention; or

(iii) if the alleged contravention is of a civil penalty provision - proceedings seeking a pecuniary penalty order may be brought in relation to the alleged contravention; and

(m)  set out how the notice can be withdrawn; and

(n)  state that if the notice is withdrawn:


(i) if the alleged contravention is of an offence provision and would not also constitute a contravention of a civil penalty provision - the person may be prosecuted in a court for the alleged contravention; or

(ii) if the alleged contravention is of an offence provision and would also constitute a contravention of a civil penalty provision - the person may be prosecuted in a court, or proceedings seeking a pecuniary penalty order may be brought, in relation to the alleged contravention; or

(iii) if the alleged contravention is of a civil penalty provision - proceedings seeking a pecuniary penalty order may be brought in relation to the alleged contravention; and

(o)  state that the person may make written representations to ASIC seeking the withdrawal of the notice.

1317DAP(2)  
The amount to be stated in the notice for the purposes of paragraph (1)(f) is:

(a)  for a single contravention of an offence provision - half the maximum penalty that a court could impose on the person for the contravention; and

(b)  for multiple contraventions of an offence provision - the amount worked out under paragraph (a) for a single contravention multiplied by the number of contraventions; and

(c)  

for a single contravention of a civil penalty provision that is not a restricted civil penalty provision - 12 penalty units for an individual and 60 penalty units for a body corporate; and

(d)  

for multiple contraventions of a civil penalty provision that is not a restricted civil penalty provision - the amount worked out under paragraph (c) for a single contravention multiplied by the number of contraventions; and

(e)  

for a single contravention of a restricted civil penalty provision - 12 penalty units; and

(f)  for multiple contraventions of a restricted civil penalty provision - 12 penalty units multiplied by the number of contraventions.


 

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