Australian Financial Services Licensing (AFSL) Forum

#5000 Reply
Grant Holley
Grant Holley
Member

Hello licencefx,

Thank you for your question.

Under s 1317E ASIC can seek both a pecuniary penalty order and a disqualification order. An example of this is ASIC v Vizard, where the court imposed pecuniary penalties of $390,000 and disqualified Vizard for 10 years.

See ss 1317G and 206C for further detail as to what the court will have regards to in determining whether either or both are justified.

Please feel free to contact our financial services team if you require further assistance.

Author: Grant Holley (Partner) and Hannah MacPherson (Law Clerk)

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