Document ID: chunk:federal_register_of_legislation:F2024C01249:reg:1:p104
Version: federal_register_of_legislation:F2024C01249
Segment Type: reg
Provision Reference: reg 1 (pt 104/148)
Character Range: 592406–595205

has contravened subsection 798H(1) of the Act; and
 (B) the recipient is not taken to have contravened subsection 798H(1) of the Act.
 (4) ASIC may publish details of an infringement notice by issuing a written or oral statement that:
 (a) includes an accurate summary of the details of the infringement notice, including:
 (i) the name of the recipient; and
 (ii) the amount of the penalty specified in the infringement notice (if any); and
 (iii) the remedial measures specified in the infringement notice (if any); and
 (iv) the sanctions specified in the infringement notice (if any); and
 (v) the terms of an undertaking specified in the infringement notice (if any); and
 (vi) 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
 (b) includes the following statements:
 (i) a statement as to whether the recipient has complied with the infringement notice;
 (ii) if the recipient has complied with the infringement notice, a statement that:
 (A) compliance is not an admission of guilt or liability; and
 (B) the recipient is not taken to have contravened subsection 798H(1) of the Act;
 (iii) if the recipient has not complied with the infringement notice, a statement that:
 (A) the giving of an infringement notice to a recipient is only an allegation that the recipient has contravened subsection 798H(1) of the Act; and
 (B) the recipient is not taken to have contravened subsection 798H(1) of the Act.

Part 7.3—Licensing of clearing and settlement facilities

Division 1—Regulation of CS facility licensees: licensees' obligations

7.3.01  Obligation to inform ASIC of certain matters: becoming director, secretary or executive officer of CS facility licensee
 (1) This regulation applies if a person becomes a director, secretary or executive officer of a market licensee or of a holding company of a CS facility licensee (including when the person changes from one of those positions to another).
 (2) For subsection 821B(4) of the Act, the information to be given to ASIC by the CS facility licensee is:
 (a) the person's name and contact details; and
 (b) the date of appointment to the position; and
 (c) the person's educational qualifications and financial market experience; and
 (d) if the CS facility licensee is aware of any details of a conviction of the kind mentioned in subsection 206B(1) of the Act—the details; and
 (e) whether the CS facility licensee knows whether the person:
 (i) is an undischarged bankrupt; or
 (ii) has entered into a deed of arrangement or composition of a kind mentioned in subsections 206B(3) and (4) of the Act;
  and, if the CS facility licensee knows the information, details of what the CS facility licensee knows.

7.3.02  Obligation to inform