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Financial Markets Conduct Act 2013

Enforcement, liability, and appeals - Civil liability - Declarations of contravention and pecuniary penalty orders

488: What declarations of contravention must state

You could also call this:

"What to include when saying someone broke the law"

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When you make a declaration of contravention, it must include some important details. You need to state which law was broken and who was involved in breaking it. You also need to describe what the person did that was wrong and if it involved a specific transaction, you need to say what that transaction was. If the conduct relates to a particular company or organisation, such as an issuer, offeror, or service provider, you must include that information as well.

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487: Purpose and effect of declarations of contravention, or

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Part 8Enforcement, liability, and appeals
Civil liability: Declarations of contravention and pecuniary penalty orders

488What declarations of contravention must state

  1. A declaration of contravention must state the following:

  2. the civil liability provision to which the contravention or involvement in the contravention relates; and
    1. the person who engaged in the contravention or was involved in the contravention; and
      1. the conduct that constituted the contravention or the involvement in the contravention and, if a transaction constituted the contravention, the transaction; and
        1. the issuer, offeror, or service provider to which the conduct relates (if relevant).

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