Section 798K — Corporations Act 2001: Alternatives to civil proceedings

(1) The regulations may provide for a person who is alleged to have contravened subsection 798H(1) (complying with market integrity rules) to do one or more of the following as an alternative to civil proceedings: (a) pay a penalty to the Commonwealth; (b) undertake or institute remedial measures (including education programs); (c) accept sanctions other than the payment of a penalty to the Commonwealth; (d) enter into a legally enforceable undertaking. (2) The penalty payable under regulations made under paragraph (1)(a) in relation to an alleged contravention of a market integrity rule must not exceed: (a) for an individual—3,000 penalty units; and (b) for a body corporate—15,000 penalty units. (3) Without limiting regulations that may be made under paragraph (1)(d), those regulations may provide for one or more of the following kinds of undertakings: (a) an undertaking to take specified action within a specified period; (b) an undertaking to refrain from taking specified action; (c) an undertaking to pay a specified amount within a specified period to the Commonwealth or to some other specified person.