201Process

#### 201 Process 201 Process > > (1) A scheme entity may not issue a civil penalty order to a person unless— > > > > > (a) the scheme entity has given the person notice of the proposed order and the reasons for it, and > > > > > (b) the person has been given a reasonable opportunity to make a submission about the proposed order, and > > > > > (c) the scheme entity has considered a submission made by the person, and > > > > > (d) the scheme entity is satisfied on the balance of probabilities that the person— > > > > > > > (i) contravened the relevant civil penalty provision, or > > > > > > > (ii) knowingly authorised or permitted the contravention. > > > (2) A scheme entity must provide written reasons for a decision to issue a civil penalty order to the person. > > > (3) A civil penalty order must be issued within 3 years after the date on which evidence of the alleged offence first came to the attention of the scheme entity. > > > (4) A civil penalty order must include the date, not less than 28 days after the date the order is issued, by which the monetary penalty imposed by the order must be paid.