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
Amended (Made 21st August 2014). August 2014 Edition