Corporations Act 2001
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Hide history noteGiving an infringement notice following proposed action notice
1317DAPA(1)
A Financial Services and Credit Panel must not give a person an infringement notice for the alleged contravention by the person of a restricted civil penalty provision unless: (a) the panel gave the person a proposed action notice in relation to a proposal to give the infringement notice to the person and either:
(i) no submission or request for a hearing was made within the response period for the notice; or
(b) all of the following apply:
(ii) a submission or request for a hearing was made within the response period for the notice and the panel has considered the submission or held the hearing (as the case may be); or
(i) the panel gave the relevant provider a proposed action notice in relation to a proposed instrument under subsection 921K(1) in relation to the person and circumstances mentioned in that subsection;
(ii) those circumstances consist of, or include, the contravention;
(iii) a submission or request for a hearing was made within the response period for the proposed action notice;
(iv) the panel has considered the submission or held the hearing (as the case may be).
Instruments under subsection 921K(1) and warnings and reprimands
1317DAPA(2)
A Financial Services and Credit Panel must not give a person an infringement notice for the alleged contravention by the person of a restricted civil penalty provision if: (a) the panel, or another Financial Services and Credit Panel, has:
(i) made an instrument under subsection 921K(1) in relation to the person; or
because of circumstances mentioned in subsection 921K(1) or 921T(1) ; and (b) those circumstances consist of, or include, the contravention.
(ii) given the person a warning or reprimand;
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