Document ID: chunk:federal_register_of_legislation:C2022C00218:clause:1_1317dapa
Version: federal_register_of_legislation:C2022C00218
Segment Type: clause
Provision Reference: sch 1 cl 1317DAPA
Character Range: 97730–99575

1317DAPA  Giving infringement notices in relation to restricted civil penalty provisions

Giving an infringement notice following proposed action notice
 (1) A Financial Services and Credit Panel must not give a person an infringement notice for the alleged contravention by the person of a restricted civil penalty provision unless:
 (a) the panel gave the person a proposed action notice in relation to a proposal to give the infringement notice to the person and either:
 (i) no submission or request for a hearing was made within the response period for the notice; or
 (ii) a submission or request for a hearing was made within the response period for the notice and the panel has considered the submission or held the hearing (as the case may be); or
 (b) all of the following apply:
 (i) the panel gave the relevant provider a proposed action notice in relation to a proposed instrument under subsection 921K(1) in relation to the person and circumstances mentioned in that subsection;
 (ii) those circumstances consist of, or include, the contravention;
 (iii) a submission or request for a hearing was made within the response period for the proposed action notice;
 (iv) the panel has considered the submission or held the hearing (as the case may be).

Instruments under subsection 921K(1) and warnings and reprimands
 (2) A Financial Services and Credit Panel must not give a person an infringement notice for the alleged contravention by the person of a restricted civil penalty provision if:
 (a) the panel, or another Financial Services and Credit Panel, has:
 (i) made an instrument under subsection 921K(1) in relation to the person; or
 (ii) given the person a warning or reprimand;
  because of circumstances mentioned in subsection 921K(1) or 921T(1); and
 (b) those circumstances consist of, or include, the contravention.