Document ID: chunk:federal_register_of_legislation:C2025C00185:section:1317dae:p1
Version: federal_register_of_legislation:C2025C00185
Segment Type: section
Provision Reference: s 1317DAE (pt 1/3)
Character Range: 5538287–5541016

1317DAE  Matters to be included in infringement notice
 (1) The infringement notice:
 (a) must state the day on which it is issued; and
 (b) must state the name and address of the disclosing entity to whom it is issued; and
 (c) must state that it is being issued by ASIC; and
 (d) must state that ASIC may publish details of the disclosing entity's compliance with the infringement notice under section 1317DAJ if the disclosing entity complies with the notice; and
 (e) must give details of the alleged contravention by the disclosing entity, including:
 (i) the date of the alleged contravention; and
 (ii) the particular provision that was contravened; and
 (g) must specify the penalty that is payable in relation to the alleged contravention; and
 (h) must state that the penalty is payable to ASIC on behalf of the Commonwealth; and
 (i) if it is alleged that the disclosing entity contravened subsection 674(2)—may specify information that the disclosing entity must notify to the relevant market operator in accordance with the provisions of the listing rules referred to in subsection 674(1); and
 (j) if it is alleged that the disclosing entity contravened subsection 675(2)—may require the disclosing entity to lodge a document with ASIC that contains specified information; and
 (k) must explain the effect of sections 1317DAF, 1317DAG and 1317DAH; and
 (l) must state that the disclosing entity may make written representations to ASIC seeking the withdrawal of the infringement notice; and
 (m) must contain any other matters that are prescribed in the regulations.
 (2) Subject to subsection (3), the penalty specified in the infringement notice under paragraph (1)(g) for an alleged contravention of subsection 674(2) is:
 (a) $100,000 if the disclosing entity is a Tier 1 entity; or
 (b) $66,000 if the disclosing entity is a Tier 2 entity; or
 (c) $33,000 if the disclosing entity is a Tier 3 entity.
 (3) The penalty specified in the infringement notice under paragraph (1)(g) for an alleged contravention of subsection 674(2) is:
 (a) $100,000 if the disclosing entity is a Tier 2 entity; or
 (b) $66,000 if the disclosing entity is a Tier 3 entity;
if:
 (c) the disclosing entity has at any time been convicted of an offence based on subsection 674(2) or 675(2); or
 (d) a civil penalty order under Part 9.4B has at any time been made against the disclosing entity in relation to a contravention of subsection 674(2) or 675(2) (as those subsections applied before the commencement of Part 1 of Schedule 2 to the Treasury Laws Amendment (2021 Measures No. 1) Act 2021); or
 (e) the disclosing entity has at any time breached an enforceable undertaking given to ASIC under section 93AA, 93A or 93B of the ASIC