Max Payne 3 cheaters aren't being banned, instead they're only being allowed to play against other cheaters.
I think it's fair to say that Max Payne 3 has a bit of a cheater problem. Fortunately, Rockstar has come up with a novel way of discouraging filthy rule-breakers:
Anyone found to have used hacked saves, modded games, or other exploits to gain an unfair advantage in Max Payne 3 Multiplayer, or to circumvent the leader-boards will be quarantined from all other players into a "Cheaters Pool", where they'll only be able to compete in multiplayer matches with other confirmed miscreants.
Should Rockstar eventually decide to forgive the cheaters for their sins, then they may once again frolic with the general public. A second offense however, will result in their eternal exile to the land of the aimbots. A cheaters-only pool? That reminds me of the early days of Counter Strike - thanks to the ubiquitous aimbots and speedhacks, matches often resembled a clash between the Terminator and the Flash.
Rockstar also asks players to report anyone they see cheating, hacking or doing "anything else suspicious," but makes it clear that it won't ban players for using legitimate tactics that others may object to, like camping.
First person to make a crack about Rockstar creating a virtual Australia wins today's "low hanging fruit" award.