Document ID: chunk:federal_register_of_legislation:F2024C01249:reg:3:p15
Version: federal_register_of_legislation:F2024C01249
Segment Type: reg
Provision Reference: reg 3 (pt 15/43)
Character Range: 739080–741910

in accordance with regulation 7.5A.108.
 (5) This Subdivision does not limit or otherwise affect the penalty that a Court could impose on the person for a contravention of those sections.

7.5A.103  Definitions for Subdivision
  In this Subdivision:
compliance period has the meaning given by subregulation 7.5A.108(2).
infringement notice means an infringement notice given under regulation 7.5A.104.
recipient, in relation to an infringement notice, means the person to whom ASIC gives the infringement notice or intends to give the infringement notice under regulation 7.5A.104.
rule means a provision of:
 (a) the derivative transaction rules mentioned in section 901E of the Act; or
 (b) derivative trade repository rules mentioned in section 903D of the Act.

7.5A.104  When infringement notice can be given
 (1) If ASIC has reasonable grounds to believe that a person has contravened a rule, ASIC may give the person an infringement notice in relation to the alleged contravention.
 (2) ASIC may give a person an infringement notice that is in relation to more than one alleged contravention of a rule.
 (3) If ASIC withdraws an infringement notice given to a person in relation to the alleged contravention of a rule, ASIC may give the person a new infringement notice in relation to the alleged contravention.
Example: An infringement notice given to a person in relation to an alleged contravention of a rule may be withdrawn, and a new infringement notice given to the person in relation to that alleged contravention, if the original infringement notice contained an error.

7.5A.105  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 a rule; 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 the rule.
 (2) If a recipient, or a representative of a recipient, gives ASIC evidence or information under paragraph (1)(b), 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.

7.5A.106  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 7.5A.104; and
 (e) must specify details of each alleged contravention of the rule to which the infringement notice relates, including:
 (i) the conduct