Document ID: chunk:federal_register_of_legislation:C2025C00185:section:798k
Version: federal_register_of_legislation:C2025C00185
Segment Type: section
Provision Reference: s 798K
Character Range: 3134937–3136113

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 an alleged contravention of a market integrity rule must not exceed:
 (a) for an individual—3,000 penalty units; and
 (b) for a body corporate—15,000 penalty units.
 (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.