Commonwealth Consolidated Acts

AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION ACT 2001 - SECT 12GB

             (1)  A person who:

                     (a)  contravenes; or

                     (b)  aids, abets, counsels or procures a person to contravene; or

                     (c)  induces, or attempts to induce, a person whether by threats or promises or otherwise, to contravene; or

                     (d)  is in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of; or

                     (e)  conspires with others to contravene;

a provision of Subdivision D (sections 12DA to 12DN) other than section 12DA, is guilty of an offence punishable on conviction:

                      (f)  in the case of a person who is not a body corporate--by a fine not exceeding 2,000 penalty units; or

                     (g)  in the case of a person who is a body corporate--by a fine not exceeding 10,000 penalty units.

          (1A)  Subsections 11.2(2) to (5) (inclusive) of the Criminal Code apply in relation to paragraph (1)(b) of this section in the same way that they apply in relation to subsection 11.2(1) of the Criminal Code .

          (1B)  Subsections 11.5(2) to (5) (inclusive) of the Criminal Code apply in relation to paragraph (1)(e) of this section in the same way that they apply in relation to the offence of conspiracy under subsection 11.5(1) of the Criminal Code .

             (2)  If:

                     (a)  a person is convicted of 2 or more offences constituted by, or relating to, contraventions of the same provision of Subdivision D (sections 12DA to 12DN); and

                     (b)  the contraventions appear to the Court to have been of the same nature or a substantially similar nature and to have occurred at or about the same time;

the Court must not, in respect of the offences, impose on the person fines that, in the aggregate, exceed the maximum fine that would be applicable in respect of one offence by that person against that provision. This applies whether or not the person is also convicted of an offence or offences constituted by, or relating to, another contravention or other contraventions of that provision that were of a different nature or occurred at a different time.

             (3)  If:

                     (a)  a person is convicted of an offence constituted by, or relating to, a contravention of a provision of Subdivision D (sections 12DA to 12DN); and

                     (b)  a fine has, or fines have, previously been imposed on the person by the Court for an offence or offences constituted by, or relating to, another contravention or other contraventions of the same provision, being a contravention that, or contraventions each of which, appears to the Court to have been of the same nature as, or of a substantially similar nature to, and to have occurred at or about the same time as, the contravention referred to in paragraph (a);

the Court must not, in respect of the offence referred to in paragraph (a), impose on the person a fine that exceeds the amount (if any) by which the maximum fine applicable (under subsection (1)) in respect of the offence referred to in paragraph (a) is greater than the amount of the fine, or the sum of the amounts of the fines, referred to in paragraph (b). This applies whether or not a fine has, or fines have, also previously been imposed on the person for an offence or offences constituted by, or relating to, a contravention or contraventions of that provision that were of a different nature or occurred at a different time.

             (4)  In proceedings under this section against a person for contravening a provision of Subdivision D (sections 12DA to 12DN), the Court may:

                     (a)  grant an injunction under section 12GD against the person in relation to:

                              (i)  the conduct that constitutes, or is alleged to constitute, the contravention; or

                             (ii)  other conduct of that kind; or

                     (b)  make an order under section 12GLA (non‑punitive orders) in relation to the contravention; or

                     (c)  make an order under section 12GLB (punitive orders requiring adverse publicity) in relation to the contravention.

             (5)  Sections 11.1, 11.2, 11.3, and 11.4 of the Criminal Code and section 11.6 of the Criminal Code to the extent that it applies in relation to those sections, do not apply in relation to an offence against subsection (1).

             (6)  A prosecution for an offence against subsection (1) may be commenced within 3 years after the commission of the offence.