Document ID: chunk:federal_register_of_legislation:F2024C01249:reg:1:p102
Version: federal_register_of_legislation:F2024C01249
Segment Type: reg
Provision Reference: reg 1 (pt 102/148)
Character Range: 587209–590073

no administrative action may be taken by ASIC under section 914A, 915B, 915C or 920A of the Act against the recipient for the conduct specified in the infringement notice as being the conduct that made up the alleged contravention of subsection 798H(1) of the Act; and
 (d) the recipient is not taken to have admitted guilt or liability in relation to the alleged contravention; and
 (e) the recipient is not taken to have contravened subsection 798H(1) of the Act.
Note: Third parties are not prevented from commencing civil proceedings against the recipient, including under sections 793C and 1101B of the Act, and under section 1317J of the Act in relation to sections 1317G and 1317HB of the Act. ASIC is not prevented from applying for an order on behalf of a plaintiff in accordance with the Act.
 (3) Subregulation (2) does not apply if the recipient has knowingly:
 (a) provided false or misleading information to ASIC; or
 (b) withheld evidence or information from ASIC;
in relation to the alleged contravention of subsection 798H(1) of the Act.

7.2A.11  Application to withdraw infringement notice
 (1) During the compliance period, a recipient of an infringement notice may apply, in writing, to ASIC for the infringement notice to be withdrawn.
 (2) The application must:
 (a) specify the infringement notice's unique identification code; and
 (b) set out the reasons for the application.
 (3) Within 14 days after receiving the application, ASIC must:
 (a) withdraw or refuse to withdraw the infringement notice; and
 (b) notify the recipient in writing of the decision and, if the decision is a refusal, the reasons for the decision.
 (4) Without limiting subregulation (3), ASIC may withdraw the infringement notice after taking into account the following matters:
 (a) whether the recipient has previously been found to have contravened subsection 798H(1) of the Act;
 (b) the circumstances in which the contravention set out in the infringement notice is alleged to have occurred;
 (c) whether an infringement notice has previously been given to the recipient in relation to an alleged contravention of subsection 798H(1) of the Act, and whether the recipient complied with the infringement notice;
 (d) any other relevant matter.
 (5) If, under paragraph (3)(a), ASIC refuses to withdraw the infringement notice, the recipient may not make a further application under subregulation (1) in relation to that infringement notice.
 (6) If ASIC has not withdrawn, or refused to withdraw, the infringement notice within 14 days after receiving the application, ASIC is taken 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