Document ID: chunk:federal_register_of_legislation:C2010C00492:clause:1_798k
Version: federal_register_of_legislation:C2010C00492
Segment Type: clause
Provision Reference: sch 1 cl 798K
Character Range: 9958–11100

798K  Alternatives to civil proceedings

 (1) The regulations may provide for a person who is alleged to have contravened subsection 798H(1) (complying with market integrity rules) to do one or more of the following as an alternative to civil proceedings:
 (a) pay a penalty to the Commonwealth;
 (b) undertake or institute remedial measures (including education programs);
 (c) accept sanctions other than the payment of a penalty to the Commonwealth;
 (d) enter into a legally enforceable undertaking.

 (2) The penalty payable under regulations made under paragraph (1)(a) in relation to a market integrity rule must not exceed three‑fifths of the penalty amount set out in the market integrity rules for the rule.

 (3) Without limiting regulations that may be made under paragraph (1)(d), those regulations may provide for one or more of the following kinds of undertakings:
 (a) an undertaking to take specified action within a specified period;
 (b) an undertaking to refrain from taking specified action;
 (c) an undertaking to pay a specified amount within a specified period to the Commonwealth or to some other specified person.