Document ID: chunk:federal_register_of_legislation:C2024C00826:section:288l:p2
Version: federal_register_of_legislation:C2024C00826
Segment Type: section
Provision Reference: s 288L (pt 2/2)
Character Range: 638150–640310

a civil penalty provision—the person may be prosecuted in a court for the alleged contravention; or
 (ii) if the alleged contravention is of an offence provision and would also constitute a contravention of a civil penalty provision—the person may be prosecuted in a court, or proceedings seeking a pecuniary penalty order may be brought, in relation to the alleged contravention; or
 (iii) if the alleged contravention is of a civil penalty provision—proceedings seeking a pecuniary penalty order may be brought in relation to the alleged contravention; and
 (m) set out how the notice can be withdrawn; and
 (n) state that if the notice is withdrawn:
 (i) if the alleged contravention is of an offence provision and would not also constitute a contravention of a civil penalty provision—the person may be prosecuted in a court for the alleged contravention; or
 (ii) if the alleged contravention is of an offence provision and would also constitute a contravention of a civil penalty provision—the person may be prosecuted in a court, or proceedings seeking a pecuniary penalty order may be brought, in relation to the alleged contravention; or
 (iii) if the alleged contravention is of a civil penalty provision—proceedings seeking a pecuniary penalty order may be brought in relation to the alleged contravention; and
 (o) state that the person may make written representations to ASIC seeking the withdrawal of the notice.
 (2) The amount to be stated in the notice for the purposes of paragraph (1)(f) is:
 (a) for a single contravention of an offence provision—one‑fifth of the maximum penalty that a court could impose on the person for the contravention; and
 (b) for multiple contraventions of an offence provision—the amount worked out under paragraph (a) for a single contravention multiplied by the number of contraventions; and
 (c) for a single contravention of a civil penalty provision—50 penalty units for an individual and 250 penalty units for a body corporate; and
 (d) for multiple contraventions of a civil penalty provision—the amount worked out under paragraph (c) for a single contravention multiplied by the number of contraventions.