Australian Financial Services Licensing (AFSL) Forum

This topic contains 1 reply, has 2 voices, and was last updated by Grant Holley Grant Holley 4 years, 1 month ago.

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    licencefx
    Member

    Section 1317E of the corporations act  refers to declarations of contraventions. At the end it says that Once the declaration has been made, ASIC can then seek penalties OR disqualifications.

    Does that mean if you breach any of those civil penalty provisions ASIC can EITHER ban or fine you, but not both?

    #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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