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.
Sourced from the Federal Register of Legislation at 17 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.
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