RPP 6-5-5

Factors tending to show the contravention was deliberate include:

(a) the contravention was intentional, in that the firm's senior management, or a responsible individual, intended, could reasonably have foreseen, or foresaw that the likely or actual consequences of their actions or inaction would result in a contravention;
(b) the firm's senior management, or a responsible individual, knew that their actions were not in accordance with the firm's internal procedures;
(c) the firm's senior management, or a responsible individual, sought to conceal their misconduct;
(d) the firm's senior management, or a responsible individual, committed the contravention in such a way as to avoid or reduce the risk that the contravention would be discovered;
(e) the firm's senior management, or a responsible individual, were influenced to commit the contravention by the belief that it would be difficult to detect; and
(f) the contravention was repeated.
Derived from Notice of Updates (Made 20th December 2012). December 2012 Edition
Amended (Made 21st August 2014). August 2014 Edition