Corporations Act 2001

CHAPTER 7 - FINANCIAL SERVICES AND MARKETS  

Note: This Chapter applies to a CCIV in a modified form: see Division 4 of Part 8B.7 .

PART 7.12 - MISCELLANEOUS  

Division 1A - Employee share schemes  

Subdivision F - ASIC powers  

SECTION 1100ZK   ASIC ' S POWER TO MAKE EXEMPTIONS AND DECLARE MODIFICATIONS ETC. IN RELATION TO THIS DIVISION  


Application

1100ZK(1)    
This section applies in relation to Chapters 2L , 5 , 5C , 6D and 7 (the covered Chapters ) and this Division.

Exemptions and declarations on application of this Division

1100ZK(2)    
ASIC may do either or both of the following:

(a)    exempt a person from all or specified provisions of the covered Chapters or this Division;

(b)    declare that the covered Chapters or this Division apply in relation to a person, as if specified provisions were omitted, modified or varied as specified in the declaration.

1100ZK(3)    
The exemption or declaration may do all or any of the following:

(a)    relate to all persons, specified persons or a specified class of persons;

(b)    relate to any other matter generally or as specified.

Imposition of conditions on exemption

1100ZK(4)    
An exemption may apply unconditionally or subject to specified conditions.

1100ZK(5)    
An entity to whom a condition specified in an exemption applies must comply with the condition.

1100ZK(6)    
The Court may order the entity to comply with the condition in a specified way. Only ASIC may apply to the Court for the order.

Exemptions and declarations relating to all or a class of persons

1100ZK(7)    
An exemption or declaration that relates to all persons, or a specified class of persons, must be made by legislative instrument.

Exemptions and declarations relating to specified persons

1100ZK(8)    
An exemption or declaration that relates to a specified person must be made by notifiable instrument.

1100ZK(9)    
ASIC must give a copy of an exemption or declaration that relates to a specified person to the person as soon as is reasonably practicable after the exemption or declaration is made.


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