Document ID: chunk:federal_register_of_legislation:F2024C01249:reg:1:p99
Version: federal_register_of_legislation:F2024C01249
Segment Type: reg
Provision Reference: reg 1 (pt 99/148)
Character Range: 579552–582335

the person in relation to that alleged contravention, if the original infringement notice contained an error.

7.2A.05  Statement of reasons must be given
 (1) Before giving a recipient an infringement notice, ASIC must:
 (a) give the recipient a written statement that sets out ASIC's reasons for believing that the recipient has contravened subsection 798H(1) of the Act; and
 (b) give the recipient, or a representative of the recipient, an opportunity to:
 (i) appear at a private hearing before ASIC; and
 (ii) give evidence to ASIC; and
 (iii) make submissions to ASIC;
  in relation to the alleged contravention of subsection 798H(1) of the Act.
 (2) If a recipient, or a representative of a recipient, gives ASIC evidence or information under paragraph (1)(b) in relation to the alleged contravention of subsection 798H(1) of the Act, the evidence or information is not admissible in evidence in any proceedings against the recipient, other than proceedings relating to the evidence or information being false or misleading.

7.2A.06  Contents of infringement notice
  An infringement notice:
 (a) must state the date on which it is given; and
 (b) must be identified by a unique code; and
 (c) must state the name and address of the recipient; and
 (d) must state that it is being given by ASIC under regulation 7.2A.04; and
 (e) must specify details of each alleged contravention of subsection 798H(1) of the Act to which the infringement notice relates, including:
 (i) the conduct that made up each alleged contravention (including, to the extent known, the date on which it occurred and the place at which it occurred); and
 (ii) each market integrity rule that ASIC alleges the recipient has contravened; and
 (f) must, in relation to each market integrity rule that ASIC alleges the recipient has contravened, state the maximum pecuniary penalty that a Court could order the recipient to pay for contravening the market integrity rule; and
 (g) must, in relation to each alleged contravention of subsection 798H(1) of the Act to which the infringement notice relates:
 (i) specify the penalty (if any) payable for each alleged contravention of subsection 798H(1) of the Act; and
 (ii) if subparagraph (i) applies:
 (A) specify the total penalty that the recipient must pay to the Commonwealth; and
 (B) state that the penalty is payable to ASIC on behalf of the Commonwealth; and
 (C) explain how payment of the penalty can be made; and
 (iii) specify the remedial measures (if any) that the recipient must undertake or institute; and
 (iv) specify the sanctions (if any) that the recipient must accept; and
 (v) specify the terms of an undertaking (if any) that the recipient must enter into under regulation 7.2A.01; and
 (h) must state that the recipient may choose