Document ID: chunk:federal_register_of_legislation:C2024C00063:section:75w
Version: federal_register_of_legislation:C2024C00063
Segment Type: section
Provision Reference: s 75W
Character Range: 146806–148004

75W  When an infringement notice may be given
 (1) If ASIC believes on reasonable grounds that a person has contravened a provision subject to an infringement notice under this Division, ASIC may give the person an infringement notice for the alleged contravention.
 (2) The infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place.
 (3) A single infringement notice must relate only to a single contravention of a single provision unless subsection (4) applies.
 (4) An infringement officer 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.
 (5) If a single provision can constitute both a civil penalty provision and an offence provision, the infringement notice must relate to the provision as an offence provision.