Document ID: chunk:federal_register_of_legislation:F2024C01249:reg:1:p103
Version: federal_register_of_legislation:F2024C01249
Segment Type: reg
Provision Reference: reg 1 (pt 103/148)
Character Range: 589797–592645

to have refused to withdraw the infringement notice.

7.2A.12  Withdrawal of infringement notice by ASIC
 (1) ASIC may withdraw an infringement notice given by ASIC without an application under regulation 7.2A.11 having been made.
 (2) Without limiting subregulation (1), ASIC may withdraw the infringement notice after taking into account a matter mentioned in paragraph 7.2A.11(4)(a), (b), (c) or (d).

7.2A.13  Notice of withdrawal of infringement notice
 (1) A notice withdrawing an infringement notice must include the following information:
 (a) the name and address of the recipient;
 (b) the date the infringement notice was given;
 (c) the infringement notice's unique identification code.
 (2) The notice must also state that the infringement notice is withdrawn.

7.2A.14  Withdrawal of notice after compliance
 (1) ASIC may withdraw an infringement notice after the recipient has complied with the infringement notice only if the recipient agrees, in writing, to the withdrawal.
 (2) If an infringement notice is withdrawn after the penalty specified in it (if any) has been paid, the Commonwealth must refund the amount of the penalty to the person who paid it.
 (3) If an infringement notice is withdrawn after the recipient has complied with a requirement specified in the infringement notice:
 (a) to undertake or institute remedial measures; or
 (b) to accept sanctions other than a payment of a penalty to the Commonwealth; or
 (c) to enter into an undertaking;
the remedial measures, sanctions or undertaking are taken to no longer be enforceable by ASIC.

7.2A.15  Publication of details of infringement notice
 (1) If ASIC gives an infringement notice to a recipient, ASIC may, at the end of the compliance period, publish details of the infringement notice.
 (2) If ASIC decides to publish details of the infringement notice, ASIC must publish the details in accordance with either or both of subregulations (3) and (4).
 (3) ASIC may publish details of an infringement notice by publishing in the Gazette:
 (a) a copy of the infringement notice; and
 (b) the following statements:
 (i) a statement as to whether the recipient has complied with the infringement notice;
 (ii) if the recipient has complied with the infringement notice, a statement that:
 (A) compliance is not an admission of guilt or liability; and
 (B) the recipient is not taken to have contravened subsection 798H(1) of the Act;
 (iii) if the recipient has not complied with the infringement notice, a statement that:
 (A) the giving of an infringement notice to a recipient is only an allegation that the recipient has contravened subsection 798H(1) of the Act; and
 (B) the recipient is not taken to have contravened subsection 798H(1) of the Act.
 (4) ASIC may publish details of an infringement notice by issuing a written or oral statement that:
 (a)