either:

natural persons while they are in Australia; or

persons who carry on small businesses in Australia;

natural persons while they are outside of Australia if:

they are ordinarily resident in Australia; and

the scams relate to, are connected with, or use certain services that are or may be provided or purportedly provided to those persons by Australian service providers or by foreign service providers through permanent establishments in Australia.

governance arrangements relating to scams; and

preventing, detecting, reporting, disrupting and responding to scams.

governance arrangements relating to scams; and

preventing, detecting, disrupting and responding to scams.

businesses of banking, other than State banking (within the meaning of paragraph 51(xiii) of the Constitution) not extending beyond the limits of the State concerned;

businesses of insurance, other than State insurance (within the meaning of paragraph 51(xiv) of the Constitution) not extending beyond the limits of the State concerned;

postal, telegraphic, telephonic or other like services (within the meaning of paragraph 51(v) of the Constitution), such as one or more of the following:

(i) carriage services (within the meaning of the Telecommunications Act 1997);

(ii) electronic services (within the meaning of the Online Safety Act 2021), such as social media services (within the meaning of that Act);

(iii) broadcasting services (within the meaning of the Broadcasting Services Act 1992).

(a) the person who carries on or provides that business or service is a regulated entity for the sector; and

(b) that business or service is a regulated service of the regulated entity for the sector.

(a) the regulated entities for a regulated sector; and

(b) the regulated services of each of those regulated entities;

trade or commerce between Australia and places outside Australia;

trade or commerce among the States;

trade or commerce within a Territory, between a State or Territory or between 2 Territories.

(a) a person is not a regulated entity for a regulated sector to the extent that an exception prescribed by the SPF rules applies to the person; and

(b) a business or service is not a regulated service of a person for a regulated sector to the extent that an exception prescribed by the SPF rules applies to the business or service.

(a) the person who carries on or provides the business or service is not a regulated entity for the regulated sector for the purposes of specified SPF provisions; or

(b) the business or service is not a regulated service for the regulated sector for the purposes of specified SPF provisions.

consider all of the following:

scam activity in the sector;

the effectiveness of existing industry initiatives to address scams in the sector;

the interests of persons who would be SPF consumers of regulated services for the sector if the instrument were made;

the likely consequences (including benefits and risks) to the public if the instrument were made;

the likely consequences (including benefits and risks) to the businesses or services making up the sector;

any other matters the Minister considers relevant; and

consult the businesses or services making up the sector, or such associations or other bodies representing them as the Minister thinks appropriate; and

consult such associations or other bodies representing the persons referred to in subparagraph (a)(iii) as the Minister thinks appropriate.

involves deception (see subsection (2)); and

would, if successful, cause loss or harm including obtaining SPF personal information of, or a financial or other benefit from, the SPF consumer or the SPF consumer’s associates.

deceptively represents something to be (or to be related to) the regulated service; or

impersonates a regulated entity in connection with the regulated service; or

is an attempt to deceive the SPF consumer into:

performing an action using the regulated service; or

facilitating another person to perform an action using the regulated service; or

is an attempt to deceive the SPF consumer that is made using the regulated service.

a natural person, or a small business operator, who is or may be provided or purportedly provided the service in Australia;

a natural person who:

is ordinarily resident in Australia; and

is or may be provided or purportedly provided the service outside of Australia by a regulated entity that satisfies the residency requirements in subsection (2).

is an Australian resident (within the meaning of the Income Tax Assessment Act 1997); or

(b) is so providing or purportedly providing the service through a permanent establishment (within the meaning of the Income Tax Assessment Act 1997) in Australia.

directly or indirectly to the person; or

whether or not under a contract, arrangement or understanding with the person; or

whether or not the regulated entity providing the service knows that the person is:

a natural person; or

a small business operator; or

that involves the supply of goods.

in the case of the person being a body corporate:

the sum of the person’s employees, and the employees of any body corporate related to the person, is less than 100 employees; and

the person’s annual turnover during the last financial year is less than $10 million; and

in the case of the person not being a body corporate:

the person has less than 100 employees; and

the person’s annual turnover (worked out as if the person were a body corporate) during the last financial year is less than $10 million; and

in every case—the business has a principal place of business in Australia.

information about the mechanism or identifier being used to scam SPF consumers, such as URLs, email addresses, phone numbers, social media profiles, digital wallets and bank account information of the scam promotors; and

information about the suspected scammer; and

information (including complaints) provided by SPF consumers.

a provision of this Part;

a provision of a legislative instrument made under this Part;

another provision of this Act to the extent that it relates to a provision covered by paragraph (a) or (b);

a provision of the Regulatory Powers Act to the extent that it applies in relation to a provision covered by paragraph (a) or (b).

is acting on behalf of a regulated entity; and

is so acting within the scope of the agent’s actual or apparent authority;

document and implement governance arrangements to combat scams; and

take reasonable steps to prevent, detect, report, disrupt and respond to scams.

the size of the regulated entity; and

the kind of regulated services concerned; and

the consumer base of those services; and

the kinds of scam risks those services face; and

whether the regulated entity has complied with any relevant SPF code obligations relating to that provision.

document governance policies and procedures about:

preventing, detecting and disrupting scams; and

responding to scams; and

reports relating to scams;

implement those governance policies and procedures;

develop and implement performance metrics and targets that:

are for measuring the effectiveness of those governance policies and procedures; and

comply with any requirements for those metrics and targets that are prescribed by the SPF rules.

no senior officer of the entity certifies in writing, within 12 months of the day the entity becomes a regulated entity for the sector, whether the entity’s SPF governance policies, procedures, metrics and targets for the sector comply with this Subdivision; or

no senior officer of the entity certifies in writing, within 7 days after each 12-month anniversary of the day the entity becomes a regulated entity for the sector, whether the entity’s SPF governance policies, procedures, metrics and targets for the sector comply with this Subdivision.

the initial documenting, and each revision of the documenting, of the entity’s SPF governance policies, procedures, metrics and targets for the sector;

the initial implementation, and each reimplementation, of those SPF governance policies, procedures, metrics and targets;

each consideration (including certification) by one of the entity’s senior officers of those SPF governance policies, procedures, metrics and targets, including in relation to their documenting, implementation and review;

any other activities that are prescribed by the SPF rules.

the SPF general regulator, or the SPF sector regulator for the sector, gives the entity a written request for a copy of:

the entity’s SPF governance policies, procedures, metrics and targets for the sector; or

specified kinds of other records required by this Subdivision to be kept for the sector by the entity; and

the entity fails to comply with the request within:

10 business days after the day the entity is given the request; or

such longer period as is allowed by the SPF regulator.

the matters that a regulated entity for the sector must include in the entity’s governance policies and procedures for the purposes of this Subdivision; or

the factors that a regulated entity for the sector must have regard to when developing the entity’s governance policies and procedures for the purposes of this Subdivision.

describing what are reasonable steps for the purposes of this Subdivision (see also section 58BB); or

requiring each regulated entity for the sector to:

identify its SPF consumers who are at risk of being targeted by a scam; or

identify its SPF consumers who have a higher risk of being targeted by a scam; or

requiring each regulated entity for the sector to provide information about such scams to an SPF consumer described in subparagraph (b)(i) or (ii).

investigating, in a timely way, activities that are the subjects of its actionable scam intelligence; and

identifying, in a timely way, its consumers that have or may have been impacted by such activities.

detect such a scam as it happens; or

detect such a scam after it happens.

has actionable scam intelligence about an activity relating to, connected with, or using a regulated service of the entity; and

fails to take reasonable steps to investigate whether or not the activity is a scam during the 28-day period starting on the day that the intelligence becomes actionable scam intelligence for the entity.

has actionable scam intelligence about an activity relating to, connected with, or using a regulated service of the entity; and

fails to take reasonable steps within a reasonable time to identify the persons who were SPF consumers of that service at the time when the persons were or may have been impacted by the activity.

what are reasonable steps (see also section 58BB); or

what is a reasonable time;

to the SPF general regulator within the period, and in the manner and form, prescribed by the SPF rules; and

that contains the kinds of information prescribed by the SPF rules.

that the report may be given via access to a specified data gateway, portal or website; and

that the report include the sources or evidence that the entity has for that intelligence (see section 58AI); and

different matters for different kinds of regulated entities.

to the SPF regulator within the period, and in the manner and form, set out in the request; and

that contains the kinds of information set out in the request.

provide that the report may be given via access to a specified data gateway, portal or website; and

ask that the report set out:

what loss or harm may have resulted from the scam, what disruptive actions the entity has taken and whether any of those actions have been reversed; and

what steps the entity is taking to disrupt similar scams, and to prevent loss or harm resulting from similar scams.

a regulated entity gives a scam report to an SPF regulator under this section; and

another SPF regulator later requests a scam report under this section from the regulated entity about the same matters;

provisions conferring functions or powers on the SPF general regulator under the scheme;

the criteria for a person to be authorised under the scheme;

provisions providing that authorisations may be granted subject to conditions, and that conditions may be imposed on an authorisation after it has been granted;

provisions providing that authorisations may be granted at different levels corresponding to different risks;

provisions specifying what a person authorised at a particular level is authorised to do (or not authorised to do);

provisions dealing with the period, renewal, transfer, variation, suspension, revocation or surrender of authorisations;

notification requirements on persons whose authorisations have been varied, suspended, revoked or surrendered;

transitional rules for when an authorisation is varied, is suspended or ends, including in relation to SPF personal information;

provisions for the making of applications for internal review, or of applications to the Administrative Review Tribunal for review, of decisions of a person under the scheme.

a scam (as defined in section 58AG);

a scam (within the ordinary meaning of that expression);

a regulated entity;

a Commonwealth agency or authority involved in developing Government policy relating to this Part;

a law enforcement agency of the Commonwealth, or of a State or Territory;

an agency of a foreign country, or of part of a foreign country, that:

is a law enforcement agency; or

is a regulatory agency responsible for scam prevention;

the agency has given an undertaking for the following:

controlling the storage and handling of the information;

controlling the use that will be made of the information;

ensuring that the information will be used only for the purpose for which it is disclosed to the agency; and

it is appropriate, in all the circumstances, to disclose the information to the agency.

disrupt an activity that is the subject of actionable scam intelligence; and

prevent losses from such an activity.

has actionable scam intelligence about an activity relating to, connected with, or using a regulated service of the entity; and

fails to take reasonable steps within a reasonable time to:

disrupt the activity; or

prevent loss or harm (including further loss or harm) arising from the activity.

to the SPF general regulator:

before the end of the period prescribed by the SPF rules that starts at the end of the period referred to in paragraph 58BZA(2)(d) for that intelligence; and

in the manner and form prescribed by the SPF rules; and

that contains the kinds of information prescribed by the SPF rules.

that the report may be given via access to a specified data gateway, portal or website; and

that the report set out whether the entity reasonably believes that the activity that is the subject of the intelligence is a scam; and

different matters for different kinds of regulated entities.

describing what are reasonable steps (see also section 58BB), or what is a reasonable time, for the purposes of this Subdivision; or

requiring each regulated entity for the sector to provide its SPF consumers with information about activities that are the subjects of the entity’s actionable scam intelligence.

is taken in good faith; and

is taken in compliance with the SPF provisions; and

is reasonably proportionate to the activity, and to information that would reasonably be expected to be available to the entity about the activity; and

is taken during the period:

starting on the day that the intelligence becomes actionable scam intelligence for the entity; and

ending when the entity reasonably believes that the activity is or is not a scam, or after 28 days, whichever is the earlier; and

is promptly reversed if:

the entity identifies that the activity is not a scam; and

it is reasonably practicable to reverse the action.

the potential loss or damage to SPF consumers, or to persons carrying on the activity, if the action is not taken; and

the potential loss or damage to SPF consumers, or to persons carrying on the activity, if the action is taken and the activity is not a scam.

activities that are or may be scams; or

the entity’s conduct relating to such activities.

any processes prescribed by the SPF rules; and

any guidelines prescribed by the SPF rules for apportioning any liability.

is or may be a scam; and

relates to, is connected with, or uses a regulated service of the entity; and

impacts the person at a time when the person is an SPF consumer of the service.

an activity that:

is or may be a scam; and

relates to, is connected with, or uses a regulated service of the entity; and

impacts the person at a time when the person is an SPF consumer of the service; or

the entity’s conduct relating to an activity of a kind described in paragraph (a).

is undertaking internal dispute resolution in dealing with a person’s complaint of a kind described in paragraph 58BZD(1)(a) or (b); and

does not give the person a statement of compliance in accordance with subsection (2).

include a statement by the regulated entity about whether, based on information reasonably available to the entity at the time of making the statement, it has complied with its obligations under the SPF provisions that are relevant to the complaint; and

contain the kinds of information prescribed by the SPF rules that are relevant to the complaint; and

not contain the kinds of information (if any) prescribed by the SPF rules that are relevant to the complaint; and

be in writing and signed by a person who is an authorised representative of the entity of a kind prescribed by the SPF rules; and

be given in accordance with the timeframes, and in the manner and form, prescribed by the SPF rules.

relates to the complaint; and

is under or relates to an SPF EDR scheme;

is undertaking internal dispute resolution in dealing with a person’s complaint of a kind described in paragraph 58BZD(1)(a) or (b); and

in doing so, the entity fails to have regard to:

any process prescribed by the SPF rules for undertaking internal dispute resolution; or

any guidelines prescribed by the SPF rules for apportioning any liability arising from the complaint.

the reporting mechanism required by subsection 58BZC(1); or

the internal dispute resolution mechanism required by subsection 58BZD(1); or

if the entity is a member of an SPF EDR scheme for the sector—the SPF EDR scheme.

provides a regulated service for the sector that has one or more SPF consumers; and

is not a member of an SPF EDR scheme for the sector.

is a member of an SPF EDR scheme for the sector; and

fails to give reasonable assistance to, or cooperate with, the operator of the scheme.

is a member of an SPF EDR scheme for the sector; and

fails to comply with an obligation in the SPF code for the sector that relates to the scheme.

conditions that must be met for a reporting mechanism required by subsection 58BZC(1); or

conditions (such as standards and requirements) that must be met for an internal dispute resolution mechanism required by subsection 58BZD(1); or

obligations that must be met in relation to an SPF EDR scheme for the sector by a regulated entity for the sector that is a member of the scheme.

SPF principle 1—governance;

SPF principle 2—prevent;

SPF principle 3—detect;

SPF principle 5—disrupt;

SPF principle 6—respond.

be consistent with the SPF principles; and

deal with only:

the themes or matters covered by Subdivisions B, C, D, F and G of Division 2; and

related or incidental matters; and

subject to paragraphs (a) and (b), include provisions about matters of a kind (if any) prescribed by the SPF rules.

provisions relating to only certain kinds of regulated services for the sector;

provisions relating to only certain kinds of SPF consumers of regulated services for the sector;

provisions dealing with the circumstances in which entities are, or may be, relieved from complying with requirements in the SPF code that would otherwise apply to them;

a provision that:

confers powers on the SPF sector regulator for the sector or on another person; or

depends on the SPF sector regulator for the sector, or another person, being satisfied of one or more specified matters;

provisions for the making of applications for internal review, or of applications to the Administrative Review Tribunal for review, of decisions of a person under the SPF code;

provisions about the manner or form in which persons or bodies:

may exercise powers under the SPF code; or

must comply with requirements imposed by the SPF code;

provisions about the following matters:

whether a regulated entity for the sector may charge (or cause to be charged) a fee for a matter covered by the SPF code;

the manner in which such a fee may be charged;

the time for paying such a fee;

giving notice of, or publicising, such a fee or matters about such a fee;

provisions requiring agents of a regulated entity for the sector to do or not to do specified things when acting on behalf of the regulated entity and within the scope of the agent’s actual or apparent authority;

provisions authorising a regulated entity for the sector to use or disclose SPF personal information to the extent necessary to comply with the entity’s obligations under the code;

provisions about any other matters that the provisions of this Part provide may be included, or otherwise dealt with, in the SPF code.

as in force or existing at a particular time; or

as in force or existing from time to time.

another Minister; or

the Commission; or

the entity that is, or is to be, the SPF sector regulator for the sector.

the scheme is already authorised under a Commonwealth law for another purpose; or

the Minister is satisfied that the requirements prescribed by the SPF rules for the purposes of subsection 58DC(1) are met for the scheme.

the accessibility of the scheme; and

the independence of the scheme; and

the fairness of the scheme; and

the accountability of the scheme; and

the efficiency of the scheme; and

the effectiveness of the scheme; and

any other matters the Minister considers relevant.

organisational requirements for membership of the scheme;

(b) requirements for the operator (the operator) of the scheme;

requirements for how the scheme is to operate;

requirements to be complied with by members of the scheme;

requirements for making changes to the scheme.

powers of one or more of the following under the scheme:

the Minister;

an SPF regulator;

(iii) a Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013);

powers of the operator under the scheme, including powers to:

seek information; and

make determinations of complaints; and

make determinations imposing financial and non-financial remedies; and

appeals to the Federal Court from such determinations by the operator;

information sharing and reporting;

a provision that depends on the operator or another person being satisfied of one or more specified matters;

provisions about the following matters:

the manner in which the operator may charge (or cause to be charged) a fee under the scheme;

the time for paying such a fee;

giving notice of, or publicising, such a fee or matters about such a fee;

provisions about any other matters that the provisions of this Part provide may be specified, or otherwise dealt with, in the scheme.

a serious contravention of any law may have occurred in connection with a complaint under the scheme; or

a party to a complaint under the scheme may have failed to give effect to a determination by the operator relating to the complaint; or

there is a systemic issue arising from the consideration of complaints under the scheme;

the parties to a complaint made under an SPF EDR scheme for a regulated sector agree to a settlement of the complaint; and

the operator of the scheme thinks the settlement may require investigation;

reviewing, and advising the Minister about, the operation of the SPF provisions; and

the Commission’s functions and powers under section 155 to the extent that section 155 relates to:

the SPF provisions, other than the provisions of SPF codes; or

a designated scams prevention framework matter (within the meaning of that section), other than the performance of a function, or the exercise of a power, conferred by or under an SPF code; and

developing and publishing non-binding guidance material relating to the SPF provisions, other than the provisions of SPF codes; and

the functions and powers of the SPF general regulator conferred by any other SPF provisions.

the Commission’s functions and powers (as the SPF general regulator) under an SPF provision; or

the Commission’s functions and powers under section 155 as described in paragraph 58EB(2)(b);

the SPF provisions, other than the provisions of SPF codes; or

a designated scams prevention framework matter (within the meaning of that section), other than the performance of a function, or the exercise of a power, conferred by or under an SPF code;

a member of the Commission;

person who is an employee of the Commission who:

is an SES employee or acting SES employee; or

holds or performs the duties of an Executive Level 1 or 2 position;

an SPF sector regulator;

a member (if any) of an SPF sector regulator;

an employee of an SPF sector regulator who holds or performs the duties of a position that is equivalent to a position mentioned in subparagraph (b)(i) or (ii).

has agreed to the delegation in writing; and

in the case of a person to whom paragraph (3)(e) applies—is satisfied that the person has appropriate qualifications, training, skills or experience to perform the functions or exercise the powers.

(a) is a Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013); and

is already conferred functions by or under a law;

by the SPF code for the sector; or

by any other SPF provisions; or

if the SPF sector regulator is the Commission—the Commission’s functions and powers under section 155 to the extent that section 155 relates to:

the provisions of the SPF code for the sector; or

a designated scams prevention framework matter (within the meaning of that section) involving the performance of a function, or the exercise of a power, conferred by or under the SPF code for the sector.

an SPF provision, other than a provision of the Regulatory Powers Act; or

if the SPF sector regulator is the Commission—the Commission’s functions and powers under section 155 as described in paragraph 58ED(3)(c);

the provisions of the SPF code for the sector; or

a designated scams prevention framework matter (within the meaning of that section) involving the performance of a function, or the exercise of a power, conferred by or under the SPF code for the sector;

a member (if any) of the SPF sector regulator;

person who is an employee of the SPF sector regulator who:

is an SES employee or acting SES employee; or

holds or performs the duties of an Executive Level 1 or 2 position; or

holds or performs the duties of a position that is equivalent to a position mentioned in subparagraph (i) or (ii);

a single arrangement with all, or one or more, SPF sector regulators; or

a separate arrangement with each SPF sector regulator.

notify each other SPF regulator of the request; and

give a copy of the scam report to any of those other SPF regulators that asks for one.

each SPF regulator; and

each operator of an SPF EDR scheme; and

any other entity the SPF general regulator considers appropriate;

particular information or documents; or

information or documents of a particular kind;

paragraph 155AAA(1)(b); and

(b) Australian Communications and Media Authority Act 2005; andsection 59DB of the

(c) subsection 127(2) of the Australian Securities and Investments Commission Act 2001.

has collected SPF personal information under this Part; or

plans to make a disclosure of information or documents under this Part; or

has made such a disclosure under this Part; or

plans to use information or documents disclosed under this Part; or

has used such information or documents under this Part.

concern the internal administrative functioning of that regulator; or

disclose a matter in respect of which that regulator or any other person has claimed legal professional privilege; or

are of a kind prescribed by the SPF rules.

infringement notices; and

enforceable undertakings; and

injunctions; and

actions for damages; and

public warning notices; and

remedial directions; and

adverse publicity orders; and

other punitive and non-punitive orders.

a person who is an employee of that regulator who:

is an SES employee or acting SES employee; or

holds or performs the duties of an Executive Level 1 or 2 position; or

holds or performs the duties of a position that is equivalent to a position mentioned in subparagraph (i) or (ii);

a member or special member of the Australian Federal Police.

(a) it is appropriate to order a person (the defendant) to pay a pecuniary penalty under an SPF civil penalty order in relation to a contravention or conduct; and

it is appropriate to order under Subdivision G the defendant to pay compensation to a person who has suffered loss or damage as result of that contravention or conduct; and

the defendant does not have sufficient financial resources to pay both the pecuniary penalty and the compensation;

the ACMA, ASIC or the Commission is the SPF sector regulator for the sector; or

a declaration is in force under subsection 58FI(2) declaring that provisions that include monitoring powers of the kind mentioned in subparagraph 58FI(1)(a)(i) apply in relation to provisions of the SPF code.

there are no related provisions; and

an inspector of the SPF sector regulator is an authorised applicant; and

an inspector of the SPF sector regulator is an authorised person; and

a magistrate is an issuing officer; and

the SPF sector regulator is the relevant chief executive; and

each of the following courts is a relevant court:

the Federal Court;

the Federal Circuit and Family Court of Australia (Division 2);

a court of a State or Territory that has jurisdiction in relation to the matter.

an SES employee, or acting SES employee, of the SPF sector regulator; or

an employee of the SPF sector regulator who holds or performs the duties of a position that is equivalent to an SES employee;

powers and functions under Part 2 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (2) and the information mentioned in subsection (3); and

powers and functions under the Regulatory Powers Act that are incidental to a power or function mentioned in paragraph (a) of this subsection.

the ACMA, ASIC or the Commission is the SPF sector regulator for the sector; or

a declaration is in force under subsection 58FI(2) declaring that provisions that include investigation powers of the kind mentioned in subparagraph 58FI(1)(a)(ii) apply in relation to provisions of the SPF code.

there are no related provisions; and

an inspector of the SPF sector regulator is an authorised applicant; and

an inspector of the SPF sector regulator is an authorised person; and

a magistrate is an issuing officer; and

the SPF sector regulator is the relevant chief executive; and

each of the following courts is a relevant court:

the Federal Court;

the Federal Circuit and Family Court of Australia (Division 2);

a court of a State or Territory that has jurisdiction in relation to the matter.

an SES employee, or acting SES employee, of the SPF sector regulator; or

an employee of the SPF sector regulator who holds or performs the duties of a position that is equivalent to an SES employee.

powers and functions under Part 3 of the Regulatory Powers Act in relation to evidential material that relates to a provision mentioned in subsection (2); and

powers and functions under the Regulatory Powers Act that are incidental to a power or function mentioned in paragraph (a).

to the ACMA in the ACMA’s capacity as the SPF sector regulator; and

in relation to a contravention of the SPF code for the sector in a corresponding way to the way that Part applies in relation to a contravention of that Act that does not relate to the content of a content service.

to the ACMA in the ACMA’s capacity as the SPF sector regulator; and

in relation to the performance of any of the ACMA’s functions under the SPF code for the sector in a corresponding way to the way that Part applies in relation to the performance of any of the ACMA’s telecommunications functions; and

in relation to the exercise of any of the ACMA’s powers under the SPF code for the sector in a corresponding way to the way that Part applies in relation to the exercise of any of the ACMA’s telecommunications powers.

to ASIC in ASIC’s capacity as the SPF sector regulator; and

in relation to the provisions of the SPF code for the sector in a corresponding way to the way:

ASIC’s alternative power provisions (other than those mentioned in subparagraph (ii)) apply in relation to the corporations legislation (other than the excluded provisions); and

sections 28, 30, 31 to 39, 39B and 39C and subsection 67(2) of the ASIC Act apply in relation to the corporations legislation.

provide an entity with powers to:

(i) monitor compliance or purported compliance with provisions of a law (the alternative regulatory provisions); or

(ii) investigate provisions of a law (also the alternative regulatory provisions); or

enable the effective operation and enforcement of such powers.

to the entity in the entity’s capacity as the SPF sector regulator for a regulated sector; and

in relation to specified provisions of the SPF code for the sector in a corresponding way to the way the alternative power provisions apply in relation to the alternative regulatory provisions.

a civil penalty provision of an SPF principle;

a civil penalty provision of an SPF code.

the SPF general regulator is an authorised applicant in relation to each civil penalty provision of an SPF principle; and

the SPF sector regulator for a regulated sector is an authorised applicant in relation to each civil penalty provision of the SPF code for the sector.

the Federal Court;

the Federal Circuit and Family Court of Australia (Division 2);

a court of a State or Territory that has jurisdiction in relation to the matter.

under an SPF civil penalty order; and

for a contravention of a civil penalty provision of an SPF principle in any of Subdivisions C, D, F or G of Division 2 of this Part;

159,745 penalty units;

if the relevant court (see subsection 58FJ(3)) can determine the total value of the benefit that:

the body corporate; and

any body corporate related to the body corporate;

if that court cannot determine that total value—30% of the adjusted turnover of the body corporate during the breach turnover period for the contravention.

under an SPF civil penalty order; and

for a contravention of:

a civil penalty provision of an SPF principle in Subdivision B or E of Division 2 of this Part; or

a civil penalty provision of an SPF code;

31,950 penalty units;

if the relevant court (see subsection 58FJ(3)) can determine the total value of the benefit that:

the body corporate; and

any body corporate related to the body corporate;

if that court cannot determine that total value—10% of the adjusted turnover of the body corporate during the breach turnover period for the contravention.

a pecuniary penalty for contravening another civil penalty provision of an SPF principle or of an SPF code; or

a pecuniary penalty under some other provision of a law of the Commonwealth;

a civil penalty provision of an SPF principle in Subdivision B or E of Division 2 of this Part; or

a civil penalty provision of an SPF code;

require an SPF infringement notice to be issued for an alleged contravention of such a civil penalty provision; or

affect a person’s liability to proceedings for an SPF civil penalty order in relation to an alleged contravention of a civil penalty provision if:

an SPF infringement notice is not issued to the person for the contravention; or

an SPF infringement notice issued to the person for the contravention is withdrawn under section 58FU; or

prevent a court from imposing a higher penalty than the penalty specified in the SPF infringement notice if the person does not comply with the notice.

is issued more than 12 months after the day that the relevant contravention is alleged to have occurred; or

relates to more than one alleged contravention of a civil penalty provision by the person.

be identified by a unique number; and

state the day on which it is issued; and

state the name of the person to whom it is issued; and

state the name of the inspector who issued the notice, that the inspector is an inspector of the applicable SPF regulator, and how that SPF regulator may be contacted; and

give details of the alleged contravention, including:

the day of the alleged contravention; and

the civil penalty provision that was allegedly contravened; and

state the maximum pecuniary penalty that a court could order the person to pay if the court were to make an SPF civil penalty order for the alleged contravention; and

specify the penalty that is payable in relation to the alleged contravention; and

state that the penalty is payable within the infringement notice compliance period for the notice; and

state that the penalty is payable to the SPF regulator on behalf of the Commonwealth; and

explain how payment of the penalty is to be made; and

explain the effect of sections 58FR to 58FU.

if the person is a body corporate—60 penalty units;

otherwise—12 penalty units.

an SPF infringement notice for an alleged contravention of a civil penalty provision is issued to a person; and

the person pays the penalty specified in the notice within the infringement notice compliance period and in accordance with the notice; and

the notice is not withdrawn under section 58FU.

an SPF infringement notice for an alleged contravention of a civil penalty provision is issued to a person; and

the person fails to pay the penalty specified in the notice within the infringement notice compliance period and in accordance with the notice; and

the notice is not withdrawn under section 58FU;

by an inspector of an SPF regulator; and

for an alleged contravention of a civil penalty provision;

the person; or

a representative of the person;

the name and address of the person; and

the day on which the SPF infringement notice was issued to the person; and

that the SPF infringement notice is withdrawn; and

that proceedings for an SPF civil penalty order may be started or continued against the person in relation to the alleged contravention of the civil penalty provision.

an order directing the person to comply with that term of the undertaking;

an order directing the person to pay to the Commonwealth an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the breach;

any order that the Court considers appropriate directing the person to compensate any other person who has suffered loss or damage as a result of the breach;

any other order that the Court considers appropriate.

a contravention of:

a civil penalty provision of an SPF principle; or

a civil penalty provision of an SPF code; or

attempting to contravene such a provision; or

aiding, abetting, counselling or procuring a person to contravene such a provision; or

inducing, or attempting to induce, whether by threats, promises or otherwise, a person to contravene such a provision; or

being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of such a provision; or

conspiring with others to contravene such a provision.

whether or not it appears to the Court that the person intends to engage again, or to continue to engage, in conduct of that kind; and

whether or not the person has previously engaged in conduct of that kind; and

whether or not there is an imminent danger of substantial damage to any person if the first-mentioned person engages in conduct of that kind.

whether or not it appears to the Court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; and

whether or not the person has previously refused or failed to do that act or thing; and

whether or not there is an imminent danger of substantial damage to any person if the first-mentioned person refuses or fails to do that act or thing.

a person other than an SPF regulator:

applies for such an injunction; and

apart from this subsection, would be required by the Court to give an undertaking as to damages or costs; and

an SPF regulator gives the undertaking;

a civil penalty provision of an SPF principle; or

a civil penalty provision of an SPF code;

who each contravened a civil penalty provision of an SPF principle or a civil penalty provision of an SPF code (whether or not the same civil penalty provision); and

whose contraventions caused, independently of each other or jointly, the loss or damage that is the subject of the claim.

the concurrent wrongdoer intended to cause the loss or damage; or

the concurrent wrongdoer fraudulently caused the loss or damage.

the liability of a defendant who is a concurrent wrongdoer in relation to the claim is limited to an amount reflecting that proportion of the loss or damage that the court considers just having regard to the extent of the defendant’s responsibility for the loss or damage; and

the court may give judgment against the defendant for not more than that amount.

the court is to exclude that proportion of the loss or damage in relation to which the victim is contributorily negligent under any relevant law; and

the court may have regard to the comparative responsibility of any concurrent wrongdoer who is not a party to the proceedings.

(a) a defendant in proceedings involving a claim under subsection 58FZC(1) has reasonable grounds to believe that a particular person (the other person) may be a concurrent wrongdoer in relation to the claim; and

the defendant fails to give the plaintiff, as soon as practicable, written notice of the information that the defendant has about:

the identity of the other person; and

the circumstances that may make the other person a concurrent wrongdoer in relation to the claim; and

the plaintiff unnecessarily incurs costs in the proceedings because the plaintiff was not aware that the other person may be a concurrent wrongdoer in relation to the claim;

cannot be required to contribute to any damages or contribution recovered from another concurrent wrongdoer in respect of the claim (whether or not the damages or contribution are recovered in the same proceedings in which judgment is given against the defendant); and

cannot be required to indemnify any such wrongdoer.

prevents a person being held vicariously liable for a proportion of a claim under subsection 58FZC(1) for which another person is liable; or

prevents a person from being held severally liable with another person for that proportion of a claim under subsection 58FZC(1) for which the other person is liable; or

affects the operation of any other provision of this Act or of any other Act to the extent that the provision imposes several liability on any person in respect of what would otherwise be a claim under subsection 58FZC(1).

reasonably suspects that the person’s conduct may constitute a contravention of a specified provision of the SPF principles; and

is satisfied that one or more persons has suffered, or is likely to suffer, detriment as a result of the conduct; and

is satisfied that it is in the public interest to issue the notice.

reasonably suspects that the person’s conduct may constitute a contravention of a specified provision of the SPF code for the sector; and

is satisfied that one or more persons has suffered, or is likely to suffer, detriment as a result of the conduct; and

is satisfied that it is in the public interest to issue the notice.

is failing to comply with an SPF principle; or

will fail to comply with an SPF principle;

is failing to comply with a provision of the SPF code for the sector; or

will fail to comply with such a provision;

within the time specified in the direction, which must be a reasonable time; or

if the direction does not specify a reasonable time—within a reasonable time.

disclose, in the way and to the persons specified in the order, specified information that the person has possession of or access to; and

publish, at the person’s expense and in in a specified way, an advertisement in the terms specified in, or determined in accordance with, the order.

if the SPF civil penalty order was for a contravention of a civil penalty provision of an SPF principle—the SPF general regulator; or

if the SPF civil penalty order was for a contravention of a civil penalty provision of an SPF code for a regulated sector—the SPF sector regulator for the sector.

a community service order;

a probation order for a period of no longer than 3 years;

an order requiring the person to disclose, in the way and to the persons specified in the order, specified information that the person has possession of or access to;

an order requiring the person to publish, at the person’s expense and in a specified way, an advertisement in the terms specified in, or determined in accordance with, the order.

for conduct contravening an SPF principle—the SPF general regulator; or

for conduct contravening a provision of the SPF code for a regulated sector—the SPF sector regulator for the sector.

the conduct that resulted in the order; or

similar conduct or related conduct;

an order directing a person to establish a compliance program, or an education and training program, that:

is for employees or other persons involved in the person’s business; and

is designed to ensure awareness of responsibilities and obligations relating to conduct covered by paragraph (3)(a) or (b); and

an order directing a person to revise the internal operations of the person’s business that lead to conduct covered by paragraph (3)(a) or (b).

is specified in the order; and

is or relates to the conduct that resulted in the order;

(a) engaged in conduct (the contravening conduct) contravening a civil penalty provision of an SPF principle or a civil penalty provision of an SPF code; or

is involved in the contravening conduct;

redress, in whole or in part, the loss or damage suffered by the victims in relation to the contravening conduct; or

prevent or reduce the loss or damage suffered, or likely to be suffered, by the victims in relation to the contravening conduct.

by the following:

if the contravening conduct contravened a civil penalty provision of an SPF principle—the SPF general regulator;

if the contravening conduct contravened a civil penalty provision of an SPF code for a regulated sector—the SPF sector regulator for the sector; and

even if an enforcement proceeding in relation to the contravening conduct has not been instituted; and

at any time within 6 years after the day on which the cause of action that relates to the contravening conduct accrues.

the person; and

the victims;

which persons are victims in relation to the contravening conduct;

the nature of the loss or damage suffered, or likely to be suffered, by such persons.

such an order is made against a person;

the loss or damage suffered, or likely to be suffered, by a non-party victim in relation to the contravening conduct has been redressed, prevented or reduced in accordance with the order;

the non-party victim has accepted the redress, prevention or reduction;

the non-party victim is bound by the order; and

any other order made under subsection (1) relating to that loss or damage has no effect in relation to the non-party victim; and

despite any other provision of this Act or any other law of the Commonwealth, or a State or Territory, no claim, action or demand may be made or taken against the person by the non-party victim in relation to that loss or damage.

an order declaring the whole or any part of a contract made between the respondent and a victim referred to in that subsection, or a collateral arrangement relating to such a contract:

to be void; and

if the Court thinks fit—to have been void ab initio or void at all times on and after such date as is specified in the order (which may be a date that is before the date on which the order is made);

an order:

varying such a contract or arrangement in such manner as is specified in the order; and

if the Court thinks fit—declaring the contract or arrangement to have had effect as so varied on and after such date as is specified in the order (which may be a date that is before the date on which the order is made);

an order refusing to enforce any or all of the provisions of such a contract or arrangement;

an order directing the respondent to refund money or return property to a victim referred to in that subsection;

an order directing the respondent, at the respondent’s own expense, to repair, or provide parts for, goods that have been supplied under the contract or arrangement to a victim referred to in that subsection;

an order directing the respondent, at the respondent’s own expense, to supply specified services to a victim referred to in that subsection;

an order, in relation to an instrument creating or transferring an interest in land, directing the respondent to execute an instrument that:

varies, or has the effect of varying, the first-mentioned instrument; or

terminates or otherwise affects, or has the effect of terminating or otherwise affecting, the operation or effect of the first-mentioned instrument.

a legal or equitable estate or interest in the land; or

a right of occupancy of the land, or of a building or part of a building erected on the land, arising by virtue of the holding of shares, or by virtue of a contract to purchase shares, in an incorporated company that owns the land or building; or

a right, power or privilege over, or in connection with, the land.

an obligation that would otherwise be imposed on the trust by an SPF provision is imposed on the trustee instead; and

if an SPF provision would otherwise permit something to be done by the trust, the thing may be done by the trustee.

an obligation that would otherwise be imposed on the trust by an SPF provision is imposed on each trustee instead, but may be discharged by any of the trustees; and

if an SPF provision would otherwise permit something to be done by the trust, the thing may be done by any of the trustees.

the Federal Court; or

the Supreme Court of a State or Territory;

required or permitted by this Part to be prescribed by the SPF rules; or

necessary or convenient to be prescribed for carrying out or giving effect to this Part.

create an offence or civil penalty;

provide powers of:

arrest or detention; or

entry, search or seizure;

impose a tax;

set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;

directly amend the text of this Act.

is to:

(i) an SPF regulator (within the meaning of the Competition and Consumer Act 2010); or

the operator of an SPF EDR scheme (within the meaning of that Act); and

is for the purposes of the operation (including enforcement) of the SPF provisions (within the meaning of that Act).

a natural person who is in Australia or is ordinarily resident in Australia; or

a person who carries on a business having a principal place of business in Australia;

a provision of an SPF code (see Division 3 of Part IVF) that is a civil penalty provision (within the meaning of the Regulatory Powers Act); or

subsection 58FZM(3) in relation to compliance with a direction given under subsection 58FZM(2).

a provision of Division 2 of Part IVF (about the Scams Prevention Framework) that is a civil penalty provision (within the meaning of the Regulatory Powers Act); or

subsection 58FZM(3) in relation to compliance with a direction given under subsection 58FZM(1).

aiding, abetting, counselling or procuring a contravention of the provision; or

inducing, whether by threats or promises or otherwise, such a contravention; or

being in any way, directly or indirectly, knowingly concerned in, or party to, such a contravention; or

conspiring with others to effect such a contravention.

(a) an officer (within the meaning of the Corporations Act 2001) of the entity; or

a senior manager (within the meaning of that Act) of the entity.

policies and procedures required under paragraph 58BD(1)(a) for the sector; and

performance metrics and targets required under paragraph 58BD(1)(c) for those policies and procedures.

personal information; or

information relating to a person that may be used (whether alone or in conjunction with other information) to access:

a service or an account; or

funds, credit or other financial benefits.

the SPF general regulator; or

the SPF sector regulator for a regulated sector.

an SPF code; or

a designated scams prevention framework matter (as defined by subsection (9AC) of this section); or

Part IVF; or

a legislative instrument (such as an SPF code) made under that Part; or

the Regulatory Powers Act to the extent that it applies in relation to a provision of that Part.