Document ID: chunk:federal_register_of_legislation:C2004A01334:clause:6_3
Version: federal_register_of_legislation:C2004A01334
Segment Type: clause
Provision Reference: sch 6 cl 3
Character Range: 359345–361902

3                                                     lodge any required document with ASIC that contains the information specified in the infringement notice if it is alleged in the infringement notice that the disclosing entity contravened subsection 675(2)                                                                               proceedings for an order under section 1324B in relation to the alleged contravention of the provision specified in the infringement notice.

No other proceedings may be started etc.

 (3) Subject to subsection (4), no other proceedings (whether criminal or civil) may be started or continued against the disclosing entity in relation to:
 (a) the alleged contravention of the provision specified in the infringement notice; or
 (b) an offence constituted by the same conduct that constituted the alleged contravention.

 (4) Subsection (3) does not apply to the following proceedings:
 (a) compensation proceedings, contravention proceedings, enforcement proceedings and public interest proceedings that relate to the alleged contravention of the provision specified in the infringement notice;
 (b) proceedings to enforce the following orders of a Court:
 (i) an order made in relation to penalty and disclosure proceedings;
 (ii) an order made in relation to proceedings referred to in paragraph (a);
 (iii) an order made under subsection 1335(2) in relation to penalty and disclosure proceedings;
 (iv) an order made under subsection 1335(2) in relation to proceedings referred to in paragraph (a) other than public interest proceedings;
 (c) any other proceedings in respect of a breach of an order referred to in paragraph (b);
 (d) an appeal to a Court against the following decisions or orders of a Court:
 (i) a decision or order made in relation to penalty and disclosure proceedings;
 (ii) a decision or order made in relation to proceedings referred to in paragraph (a);
 (iii) a decision or order made under subsection 1335(2) in relation to penalty and disclosure proceedings;
 (iv) a decision or order made under subsection 1335(2) in relation to proceedings referred to in paragraph (a) other than public interest proceedings.

 (5) To avoid doubt, subsection (3) does not prevent ASIC from:
 (a) making a determination under subsection 708A(2), 713(6), 1012DA(2) or 1013FA(3) of this Act; or
 (b) making an order under section 91 of the ASIC Act; or
 (c) accepting an undertaking under section 93AA of the ASIC Act; or
 (d) bringing proceedings to enforce the determination, order or undertaking.