Section 1317DAPA — Corporations Act 2001: 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.