Corporations Act 2001

CHAPTER 9 - MISCELLANEOUS  

PART 9.4AA - INFRINGEMENT NOTICES FOR ALLEGED CONTRAVENTIONS OF CONTINUOUS DISCLOSURE PROVISIONS  

SECTION 1317DAA   APPLICATION OF THIS PART TO DISCLOSING ENTITIES  

1317DAA(1)    
(Repealed by No 76 of 2023, s 3, Sch 2[607] (effective 20 October 2023).)

1317DAA(2)    
For the purposes of applying this Part to a disclosing entity that is an undertaking to which interests in a registered scheme relate:

(a)    references to the disclosing entity are taken to be references to the responsible entity for the registered scheme; and

(b)    references to a financial report for a financial year being lodged by a disclosing entity are taken to be references to such a report being lodged by the responsible entity in relation to the scheme; and

(c)    references to securities of a disclosing entity are taken to be references to interests in the registered scheme; and

(d)    references to a disclosing entity being convicted of an offence based on subsection 674(2) or 675(2) are taken to be references to the responsible entity being convicted of such an offence in relation to the registered scheme; and

(e) (Repealed)

(f)    references to a disclosing entity having breached an enforceable undertaking given to ASIC under section 93AA or 93A of the ASIC Act in relation to the requirements of subsection 674(2) or 675(2) are taken to be references to the responsible entity having breached such an undertaking given in relation to the registered scheme.

1317DAA(3)    
For the purposes of applying this Part to a disclosing entity that is an undertaking to which interests in a notified foreign passport fund relate:

(a)    references to the disclosing entity are taken to be references to the operator of the fund; and

(b)    references to a financial report for a financial year being lodged by a disclosing entity are taken to be references to a copy of a report for the fund for the financial year, prepared in accordance with the financial reporting requirements applying to the fund under the Passport Rules for the home economy for the fund, being lodged by the operator of the fund; and

(c)    references to securities of a disclosing entity are taken to be references to interests in the fund; and

(d)    references to a disclosing entity being convicted of an offence based on subsection 674(2) or 675(2) are taken to be references to the operator of the fund being convicted of such an offence in relation to the fund; and

(e) (Repealed)

(f)    references to a disclosing entity having breached an enforceable undertaking given to ASIC under section 93AA or 93B of the ASIC Act in relation to the requirements of subsection 674(2) or 675(2) are taken to be references to the operator of the fund having breached such an undertaking given in relation to the fund.

1317DAA(4)    

For the purposes of this Part, in determining whether a disclosing entity has contravened subsection 674(2) or 675(2) , treat the offences created by those subsections as being offences of strict liability.