ASIC can only operate in line with the law. They determine what sections are breached, and then issue charges/suit in accordance with what the law says in relation to that section. This section literally says "civil liability only" (its in the screenshot about 10 posts back). And since that is what they are accusing a breach of, that's how ASIC had to proceed.
Thats my understanding. We have people with more legal knowledge though.
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