Document ID: chunk:federal_register_of_legislation:C2004A01334:clause:6_1317dae:p2
Version: federal_register_of_legislation:C2004A01334
Segment Type: clause
Provision Reference: sch 6 cl 1317DAE (pt 2/3)
Character Range: 350276–352870

the disclosing entity in relation to a contravention of subsection 674(2) or 675(2); or
 (e) the disclosing entity has at any time breached an enforceable undertaking given to ASIC under section 93AA of the ASIC Act in relation to the requirements of subsection 674(2) or 675(2).

 (4) Subject to subsection (5), the penalty specified in the infringement notice under paragraph (1)(g) for an alleged contravention of subsection 675(2) is $33,000.

 (5) The penalty specified in the infringement notice under paragraph (1)(g) for an alleged contravention of subsection 675(2) is $66,000 if:
 (a) the disclosing entity has at any time been convicted of an offence based on subsection 674(2) or 675(2); or
 (b) a civil penalty order under Part 9.4B has at any time been made against the disclosing entity in relation to a contravention of subsection 674(2) or 675(2); or
 (c) the disclosing entity has at any time breached an enforceable undertaking given to ASIC under section 93AA of the ASIC Act in relation to the requirements of subsection 674(2) or 675(2).

 (6) For the purposes of this section:
 (a) a disclosing entity is:
 (i) a Tier 1 entity if its market capitalisation on the relevant day exceeds $1,000 million; and
 (ii) a Tier 2 entity if its market capitalisation on the relevant day exceeds $100 million but does not exceed $1,000 million; and
 (iii) a Tier 3 entity if its market capitalisation on the relevant day does not exceed $100 million or it is not possible to work out its market capitalisation on the relevant day because it has not lodged a financial report with ASIC before the relevant day; and
 (b) the relevant day for an infringement notice is the last day of the financial year in relation to which the latest financial report by the disclosing entity has been lodged with ASIC before the infringement notice is issued.

 (7) This is how to work out a disclosing entity's market capitalisation on the relevant day:
 (a) for each class of security of the disclosing entity that is a quoted security:
 (i) work out the closing price, on the relevant day, for securities in that class on the prescribed financial market on which the securities are quoted; and
 (ii) multiply that price by the number of securities in that class on issue on the relevant day (as shown in the financial report lodged with ASIC for the period that ends on the relevant day); and
 (b) add up the amounts obtained under paragraph (a): the result is the disclosing entity's market capitalisation on the relevant day.
Disregard quoted securities of the disclosing entity that are options.