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Corporations Act 2001
- CHAPTER 1 - INTRODUCTORY
- PART 1.1 - PRELIMINARY
- SECTION 1 SHORT TITLE
- SECTION 2 COMMENCEMENT
- SECTION 3 CONSTITUTIONAL BASIS FOR THIS ACT
- SECTION 4 REFERRING STATES
- SECTION 5 GENERAL TERRITORIAL APPLICATION OF ACT
- SECTION 5A APPLICATION TO THE CROWN
- SECTION 5B ASIC HAS GENERAL ADMINISTRATION OF THIS ACT
- SECTION 5C APPLICATION OF THE ACTS INTERPRETATION ACT 1901
- PART 1.1A - INTERACTION BETWEEN CORPORATIONS LEGISLATION AND STATE AND TERRITORY LAWS
- SECTION 5D COVERAGE OF PART
- SECTION 5E CONCURRENT OPERATION INTENDED
- SECTION 5F CORPORATIONS LEGISLATION DOES NOT APPLY TO MATTERS DECLARED BY STATE OR TERRITORY LAW TO BE AN EXCLUDED MATTER
- SECTION 5G AVOIDING DIRECT INCONSISTENCY ARISING BETWEEN THE CORPORATIONS LEGISLATION AND STATE AND TERRITORY LAWS
- SECTION 5H REGISTRATION OF BODY AS COMPANY ON BASIS OF STATE OR TERRITORY LAW
- SECTION 5I REGULATIONS MAY MODIFY OPERATION OF THE CORPORATIONS LEGISLATION TO DEAL WITH INTERACTION BETWEEN THAT LEGISLATION AND STATE AND TERRITORY LAWS
- PART 1.2 - INTERPRETATION
- Division 1 - General
- SECTION 5J SIMPLIFIED OUTLINE OF THIS PART
- SECTION 6 EFFECT OF THIS PART
- SECTION 7 IDENTIFYING DEFINED TERMS
- SECTION 9 DICTIONARY
- SECTION 9AA CERTAIN FAMILY RELATIONSHIPS
- SECTION 9AB MEANING OF ASSET
- SECTION 9AC MEANING OF DIRECTOR
- SECTION 9AD MEANING OF OFFICER
- SECTION 9A MEANING OF RIGHTS ISSUE
- SECTION 9B MEANING OF REMUNERATION RECOMMENDATION
- SECTION 9C MEANING OF REGISTRAR
- SECTION 9D MEANING OF DECLARED FINANCIAL MARKET
- Division 2 - Meaning of associate
- SECTION 10 EFFECT OF DIVISION
- SECTION 11 ASSOCIATES OF BODIES CORPORATE
- SECTION 12 REFERENCES IN CHAPTERS 6 TO 6C, AND OTHER REFERENCES RELATING TO VOTING POWER AND TAKEOVERS ETC.
- SECTION 13 REFERENCES IN CHAPTER 7
- SECTION 14 REFERENCES IN CHAPTER 8
- SECTION 15 GENERAL
- SECTION 16 EXCLUSIONS
- SECTION 17 ASSOCIATES OF COMPOSITE PERSON THAT CARRIES ON A FINANCIAL SERVICES BUSINESS
- Division 3 - Carrying on business
- SECTION 18 CARRYING ON BUSINESS: OTHERWISE THAN FOR PROFIT
- SECTION 19 BUSINESSES OF A PARTICULAR KIND
- SECTION 20 CARRYING ON A BUSINESS: ALONE OR TOGETHER WITH OTHERS
- SECTION 21 CARRYING ON BUSINESS IN AUSTRALIA OR A STATE OR TERRITORY
- Division 4 - Dealing in futures contracts [ CCH Note : The next section is s 45A.]
- Division 5A - Types of company
- SECTION 45A MEANING OF PROPRIETARY COMPANY, SMALL PROPRIETARY COMPANY AND LARGE PROPRIETARY COMPANY
- SECTION 45B MEANING OF SMALL COMPANY LIMITED BY GUARANTEE
- Division 6 - Subsidiaries and related bodies corporate
- SECTION 46 MEANING OF SUBSIDIARY - GENERAL
- SECTION 47 CONTROL OF A BODY CORPORATE'S BOARD
- SECTION 48 MATTERS TO BE DISREGARDED
- SECTION 49 REFERENCES IN THIS DIVISION TO A SUBSIDIARY
- SECTION 50 MEANING OF RELATED BODY CORPORATE
- SECTION 50AAA MEANING OF ASSOCIATED ENTITY
- SECTION 50AA MEANING OF CONTROL
- Division 7 - Meaning of some other expressions
- SECTION 51 MEANING OF PPSA SECURITY INTEREST
- SECTION 51A MEANING OF SECURITY INTEREST
- SECTION 51B MEANING OF SECURED PARTY
- SECTION 51C MEANING OF CIRCULATING SECURITY INTEREST
- SECTION 51D MEANING OF POSSESSORY SECURITY INTEREST
- SECTION 51E MEANING OF SECURED CREDITOR
- SECTION 51F MEANING OF PPSA RETENTION OF TITLE PROPERTY
- SECTION 51M MEANING OF MUTUAL ENTITY
- SECTION 52A SIGNING
- SECTION 53 MEANING OF AFFAIRS - BODY CORPORATE OTHER THAN A CCIV
- SECTION 53AAA MEANING OF AFFAIRS - CCIV
- SECTION 53AA MEANING OF BUSINESS AFFAIRS - BODY CORPORATE
- SECTION 53AB MEANING OF BUSINESS AFFAIRS - NATURAL PERSON
- SECTION 53AC MEANING OF BUSINESS AFFAIRS - PARTNERSHIP
- SECTION 53AD MEANING OF BUSINESS AFFAIRS - TRUST
- SECTION 54 CHAPTER 8 AGREEMENTS OF THE SAME KIND
- SECTION 55 CHAPTER 8 OBLIGATIONS AND RIGHTS
- SECTION 56 CLASSES OF FUTURES ORGANISATION MEMBERSHIP
- SECTION 57 CLASSES OF SHARES OR INTERESTS IN MANAGED INVESTMENT SCHEMES
- SECTION 57A MEANING OF CORPORATION
- SECTION 58AA MEANING OF court AND Court
- SECTION 58B DISCHARGE OF OBLIGATIONS UNDER THIS ACT
- SECTION 59 DEBENTURES AS CONSIDERATION FOR ACQUISITION OF SHARES
- SECTION 60 DECLARATION OF RELEVANT RELATIONSHIPS
- SECTION 61 DISCRETIONARY ACCOUNTS
- SECTION 64 ENTERING INTO A TRANSACTION IN RELATION TO SHARES OR SECURITIES
- SECTION 64A MEANING OF ENTITY
- SECTION 64B ENTITIES CONNECTED WITH A CORPORATION
- SECTION 65 ELIGIBLE MONEY MARKET DEALER
- SECTION 66A MEANING OF EXEMPT BODY CORPORATE
- SECTION 67 EXEMPT BROKERS AND EXEMPT FUTURES ADVISERS
- SECTION 68 EXEMPT DEALERS AND EXEMPT INVESTMENT ADVISERS
- SECTION 70 EXTENSION OF PERIOD FOR DOING AN ACT
- SECTION 71 FUTURES ADVICE BUSINESS
- SECTION 72 FUTURES CONTRACT
- SECTION 72A ACT APPLIES TO CERTAIN CHAPTER 8 AGREEMENTS AS IF THEY WERE FUTURES CONTRACTS
- SECTION 73 FUTURES REPRESENTATIVES
- SECTION 73A WHEN A COURT IS TAKEN TO FIND A PERSON GUILTY OF AN OFFENCE
- SECTION 75 INCLUSION IN OFFICIAL LIST
- SECTION 77 INVESTMENT ADVICE BUSINESS
- SECTION 79 INVOLVEMENT IN CONTRAVENTIONS
- SECTION 80 JERVIS BAY TERRITORY TAKEN TO BE PART OF THE AUSTRALIAN CAPITAL TERRITORY
- SECTION 82 OFFERS AND INVITATIONS TO THE PUBLIC
- SECTION 82A OFFICERS OF BODIES CORPORATE AND OTHER ENTITIES
- SECTION 83 OFFICERS, AND OTHER PERSONS, IN DEFAULT
- SECTION 84 OWN ACCOUNT DEALINGS AND TRANSACTIONS: SECURITIES
- SECTION 86 POSSESSION
- SECTION 87 PROPER AUTHORITY FROM FUTURES LICENSEE; INVALID FUTURES AUTHORITY
- SECTION 88 PROPER AUTHORITY FROM SECURITIES LICENSEE; INVALID SECURITIES AUTHORITY
- SECTION 88A MEANING OF PUBLIC DOCUMENT
- SECTION 88B MEANING OF QUALIFIED ACCOUNTANT
- SECTION 89 MEANING OF QUALIFIED PRIVILEGE
- SECTION 90 RECEIVERS AND MANAGERS
- SECTION 91 MEANING OF RELATION-BACK DAY
- SECTION 92 MEANING OF SECURITIES
- SECTION 92A ACT APPLIES TO CERTAIN RELEVANT AGREEMENTS AS IF THEY WERE SECURITIES
- SECTION 93 SECURITIES BUSINESS
- SECTION 94 SECURITIES REPRESENTATIVES
- SECTION 95A MEANING OF SOLVENT AND INSOLVENT
- SECTION 97 STOCK MARKET NOT TO INCLUDE FUTURES MARKET
- Division 8 - Miscellaneous interpretation rules
- SECTION 100 ADDRESS OF REGISTERED OFFICE ETC.
- SECTION 100A OPERATION OF CERTAIN LAWS RELATING TO INSTRUMENTS ON WHICH STAMP DUTY HAS NOT BEEN PAID
- SECTION 101 AMOUNT OF STOCK REPRESENTING A NUMBER OF SHARES
- SECTION 102 APPLICATIONS TO BE IN WRITING
- SECTION 102B MEANING OF IN THIS JURISDICTION OR ELSEWHERE AND OUTSIDE THIS JURISDICTION
- SECTION 102C MEANING OF IN AUSTRALIA
- SECTION 103 EFFECT OF CERTAIN CONTRAVENTIONS OF THIS ACT
- SECTION 104 EFFECT OF PROVISIONS EMPOWERING A PERSON TO REQUIRE OR PROHIBIT CONDUCT
- SECTION 105 CALCULATION OF TIME
- SECTION 105A WHEN IS AN ELECTRONIC COMMUNICATION SENT AND RECEIVED
- SECTION 105B PLACE WHERE AN ELECTRONIC COMMUNICATION IS SENT OR RECEIVED
- SECTION 106 PERFORMANCE OF FUNCTIONS BY COMMISSION DELEGATE
- SECTION 107 NOTICE IN RELATION TO TOP 20 MEMBERS OF A CLASS
- SECTION 108 PARTS OF DOLLAR TO BE DISREGARDED IN DETERMINING MAJORITY IN VALUE OF CREDITORS ETC.
- SECTION 109 REFERENCES TO PERSONS, THINGS AND MATTERS
- SECTION 109X SERVICE OF DOCUMENTS
- PART 1.2AA - SIGNING AND SENDING DOCUMENTS
- Division 1 - Technology neutral signing
- SECTION 110 WHEN THIS DIVISION APPLIES
- SECTION 110A TECHNOLOGY NEUTRAL SIGNING
- SECTION 110B LODGEMENT OF DOCUMENTS
- Division 2 - Technology neutral sending of documents, and related matters
- SECTION 110C DOCUMENTS TO WHICH THIS DIVISION APPLIES
- SECTION 110D TECHNOLOGY NEUTRAL SENDING OF DOCUMENTS
- SECTION 110E ELECTION TO BE SENT DOCUMENTS IN PHYSICAL FORM OR ELECTRONIC FORM, OR NOT TO BE SENT DOCUMENTS
- SECTION 110F FAILURE TO COMPLY WITH MEMBER ' S ELECTION TO BE SENT DOCUMENT IN PARTICULAR FORM
- SECTION 110G FAILURE TO COMPLY WITH MEMBER ' S ELECTION NOT TO BE SENT DOCUMENTS
- SECTION 110H EFFECT OF ELECTION NOT TO BE SENT DOCUMENTS
- SECTION 110J AD HOC REQUESTS TO BE SENT DOCUMENTS IN A PARTICULAR FORM
- SECTION 110JA SENDER DOES NOT NEED TO SEND DOCUMENT IF MEMBER UNCONTACTABLE
- SECTION 110K OBLIGATION TO GIVE NOTICE OF MEMBERS ' RIGHTS
- PART 1.2A - DISCLOSING ENTITIES
- Division 1 - Object of Part
- SECTION 111AA OBJECT OF PART
- Division 2 - Meaning of disclosing entity and related terms
- SECTION 111AB TERMS DEFINED IN DIVISION
- SECTION 111AC MEANING OF DISCLOSING ENTITY
- SECTION 111AD MEANING OF ED SECURITIES
- SECTION 111AE SECURITIES OF BODIES OR UNDERTAKINGS INCLUDED IN A LICENSED MARKET ' S OFFICIAL LIST
- SECTION 111AF SECURITIES (EXCEPT DEBENTURES AND MANAGED INVESTMENT PRODUCTS) HELD BY 100 OR MORE PERSONS
- SECTION 111AFA MANAGED INVESTMENT PRODUCTS HELD BY 100 OR MORE PERSONS
- SECTION 111AFB FOREIGN PASSPORT FUND PRODUCTS HELD BY 100 OR MORE PERSONS
- SECTION 111AG SECURITIES ISSUED AS CONSIDERATION FOR AN ACQUISITION UNDER AN OFF-MARKET TAKEOVER BID OR PART 5.1 COMPROMISE OR ARRANGEMENT
- SECTION 111AH WHEN A PERSON HOLDS SECURITIES FOR THE PURPOSES OF SECTIONS 111AF, 111AFA, 111AFB AND 111AG
- SECTION 111AI DEBENTURES
- SECTION 111AJ REGULATIONS MAY DECLARE SECURITIES NOT TO BE ED SECURITIES
- SECTION 111AK ED SECURITIES OF A DISCLOSING ENTITY
- SECTION 111AL MEANING OF LISTED DISCLOSING ENTITY
- SECTION 111AM MEANING OF QUOTED ED SECURITIES
- Division 3 - Significance of being a disclosing entity
- SECTION 111AN DIVISION CONTAINS OUTLINE OF SIGNIFICANCE OF BEING A DISCLOSING ENTITY
- SECTION 111ANA REQUIREMENTS RELATING TO REMUNERATION RECOMMENDATIONS IN RELATION TO KEY MANAGEMENT PERSONNEL
- SECTION 111AO ACCOUNTING REQUIREMENTS
- SECTION 111AP CONTINUOUS DISCLOSURE REQUIREMENTS
- SECTION 111AQ PROSPECTUS RELIEF
- SECTION 111AQA PRODUCT DISCLOSURE STATEMENT RELIEF
- Division 4 - Exemptions and modifications
- SECTION 111AR MEANING OF DISCLOSING ENTITY PROVISIONS
- SECTION 111AS EXEMPTIONS BY REGULATIONS
- SECTION 111AT EXEMPTIONS BY ASIC
- SECTION 111AU ENFORCING CONDITIONS OF EXEMPTIONS
- SECTION 111AV MODIFICATIONS BY REGULATIONS
- SECTION 111AW EXEMPTIONS AND MODIFICATIONS HAVE EFFECT
- SECTION 111AX EFFECT OF DIVISION
- PART 1.4 - TECHNICAL PROVISIONS ABOUT AIDS FOR READERS
- SECTION 111J SMALL BUSINESS GUIDE
- PART 1.5 - SMALL BUSINESS GUIDE
- 1 What registration means
- 2 The company structure for small business
- 3 Setting up a new company
- 4 Continuing obligations after the company is set up
- 5 Company directors and company secretaries
- 6 Shares and shareholders
- 7 Signing company documents
- 8 Funding the company ' s operations
- 9 Returns to shareholders
- 10 Annual financial reports and audit
- 11 Disagreements within the company
- 12 Companies in financial trouble
- PART 1.6 - INTERACTION WITH AUSTRALIAN CHARITIES AND NOT-FOR-PROFITS COMMISSION ACT 2012
- SECTION 111K BODIES CORPORATE REGISTERED UNDER THE AUSTRALIAN CHARITIES AND NOT-FOR-PROFITS COMMISSION ACT 2012
- SECTION 111L PROVISIONS NOT APPLICABLE TO THE BODY CORPORATE
- SECTION 111M MEMBER APPROVAL
- SECTION 111N NOTICES
- SECTION 111P ANNUAL GENERAL MEETINGS
- SECTION 111Q PRESUMPTIONS TO BE MADE IN RECOVERY PROCEEDINGS
- CHAPTER 2A - REGISTERING A COMPANY
- PART 2A.1 - WHAT COMPANIES CAN BE REGISTERED
- SECTION 112 TYPES OF COMPANIES
- SECTION 113 PROPRIETARY COMPANIES
- SECTION 114 MINIMUM OF 1 MEMBER
- SECTION 115 RESTRICTIONS ON SIZE OF PARTNERSHIPS AND ASSOCIATIONS
- SECTION 116 TRADE UNIONS CANNOT BE REGISTERED
- PART 2A.2 - HOW A COMPANY IS REGISTERED
- SECTION 117 APPLYING FOR REGISTRATION
- SECTION 118 ASIC GIVES COMPANY ACN, REGISTERS COMPANY AND ISSUES CERTIFICATE
- SECTION 119 COMPANY COMES INTO EXISTENCE ON REGISTRATION
- SECTION 119A JURISDICTION OF INCORPORATION AND JURISDICTION OF REGISTRATION
- SECTION 120 MEMBERS, DIRECTORS AND COMPANY SECRETARY OF A COMPANY
- SECTION 121 REGISTERED OFFICE
- SECTION 122 EXPENSES INCURRED IN PROMOTING AND SETTING UP COMPANY
- SECTION 123 COMPANY MAY HAVE COMMON SEAL
- CHAPTER 2B - BASIC FEATURES OF A COMPANY
- PART 2B.1 - COMPANY POWERS AND HOW THEY ARE EXERCISED
- SECTION 124 LEGAL CAPACITY AND POWERS OF A COMPANY
- SECTION 125 CONSTITUTION MAY LIMIT POWERS AND SET OUT OBJECTS
- SECTION 126 AGENT EXERCISING A COMPANY ' S POWER TO MAKE CONTRACTS AND EXECUTE DOCUMENTS (INCLUDING DEEDS)
- SECTION 127 EXECUTION OF DOCUMENTS (INCLUDING DEEDS) BY THE COMPANY ITSELF
- PART 2B.2 - ASSUMPTIONS PEOPLE DEALING WITH COMPANIES ARE ENTITLED TO MAKE
- SECTION 128 ENTITLEMENT TO MAKE ASSUMPTIONS
- SECTION 129 ASSUMPTIONS THAT CAN BE MADE UNDER SECTION 128
- SECTION 130 INFORMATION AVAILABLE TO THE PUBLIC FROM ASIC DOES NOT CONSTITUTE CONSTRUCTIVE NOTICE
- PART 2B.3 - CONTRACTS BEFORE REGISTRATION
- SECTION 131 CONTRACTS BEFORE REGISTRATION
- SECTION 132 PERSON MAY BE RELEASED FROM LIABILITY BUT IS NOT ENTITLED TO INDEMNITY
- SECTION 133 THIS PART REPLACES OTHER RIGHTS AND LIABILITIES
- PART 2B.4 - REPLACEABLE RULES AND CONSTITUTION
- SECTION 134 INTERNAL MANAGEMENT OF COMPANIES
- SECTION 135 REPLACEABLE RULES
- SECTION 136 CONSTITUTION OF A COMPANY
- SECTION 137 DATE OF EFFECT OF ADOPTION, MODIFICATION OR REPEAL OF CONSTITUTION
- SECTION 138 ASIC MAY DIRECT COMPANY TO LODGE CONSOLIDATED CONSTITUTION
- SECTION 139 COMPANY MUST SEND COPY OF CONSTITUTION TO MEMBER
- SECTION 140 EFFECT OF CONSTITUTION AND REPLACEABLE RULES
- SECTION 141 TABLE OF REPLACEABLE RULES
- PART 2B.5 - REGISTERED OFFICE AND PLACES OF BUSINESS
- SECTION 142 REGISTERED OFFICE
- SECTION 143 ASIC MAY CHANGE ADDRESS OF REGISTERED OFFICE TO A DIRECTOR ' S ADDRESS
- SECTION 144 COMPANY'S NAME MUST BE DISPLAYED AT REGISTERED OFFICE ETC.
- SECTION 145 OPENING HOURS OF REGISTERED OFFICE OF PUBLIC COMPANY
- SECTION 146 CHANGE OF ADDRESS OF PRINCIPAL PLACE OF BUSINESS
- SECTION 146A CONTACT ADDRESS
- PART 2B.6 - NAMES
- Division 1 - Selecting and using a name
- SECTION 147 WHEN A NAME IS AVAILABLE
- SECTION 148 A COMPANY ' S NAME
- SECTION 149 ACCEPTABLE ABBREVIATIONS
- SECTION 150 EXCEPTION TO REQUIREMENT FOR USING ' LIMITED ' IN NAME
- SECTION 151 EXCEPTION TO REQUIREMENT FOR USING ' LIMITED ' IN NAME - PRE-EXISTING LICENCES
- SECTION 152 RESERVING A NAME
- SECTION 153 USING A NAME AND ACN ON DOCUMENTS
- SECTION 154 EXCEPTION TO REQUIREMENT TO HAVE ACN ON RECEIPTS
- SECTION 155 REGULATIONS MAY EXEMPT FROM REQUIREMENT TO SET OUT INFORMATION ON DOCUMENTS
- SECTION 156 CARRYING ON BUSINESS USING ``LIMITED'', ``NO LIABILITY'' OR ``PROPRIETARY'' IN NAME
- Division 2 - Changing a company's name
- SECTION 157 COMPANY CHANGING ITS NAME
- SECTION 157A CHANGE OF NAME OF COMPANY UNDER EXTERNAL ADMINISTRATION
- SECTION 158 ASIC ' S POWER TO DIRECT COMPANY TO CHANGE ITS NAME
- SECTION 159 ASIC ' S POWER TO INCLUDE ' LIMITED ' IN COMPANY ' S NAME
- SECTION 160 ASIC MUST ISSUE NEW CERTIFICATE IF COMPANY ' S NAME CHANGES
- SECTION 161 EFFECT OF NAME CHANGE
- SECTION 161A COMPANY UNDER EXTERNAL ADMINISTRATION - FORMER NAME TO BE USED ON DOCUMENTS
- PART 2B.7 - CHANGING COMPANY TYPE
- SECTION 162 CHANGING COMPANY TYPE
- SECTION 163 APPLYING FOR CHANGE OF TYPE
- SECTION 164 ASIC CHANGES TYPE OF COMPANY
- SECTION 165 ASIC MAY DIRECT A PROPRIETARY COMPANY TO CHANGE TO A PUBLIC COMPANY IN CERTAIN CIRCUMSTANCES
- SECTION 166 EFFECT OF CHANGE OF TYPE
- SECTION 167 ISSUE OF SHARES BY COMPANY OR HOLDING COMPANY - COMPANY LIMITED BY GUARANTEE CHANGING TO COMPANY LIMITED BY SHARES
- SECTION 167AA APPLICATION OF PART TO COMPANY LIMITED BOTH BY SHARES AND BY GUARANTEE
- PART 2B.8 - MUTUAL CAPITAL INSTRUMENTS (MCIs)
- Division 1 - Preliminary
- SECTION 167AB SIMPLIFIED OUTLINE OF THIS PART
- Division 2 - MCI mutual entities and MCIs
- SECTION 167AC MEANING OF MCI MUTUAL ENTITY
- SECTION 167AD MEANING OF MCI
- SECTION 167AE MCI REQUIREMENTS - CLASS RIGHTS
- SECTION 167AF MCI REQUIREMENTS - OTHER REQUIREMENTS
- SECTION 167AG MCIs MUST BE CANCELLED BEFORE MCI MUTUAL ENTITY DEMUTUALISES
- Division 3 - Special procedure for amending constitution of mutual entity that proposes to issue MCIs
- SECTION 167AH PURPOSE AND APPLICATION OF THIS DIVISION
- SECTION 167AI MCI AMENDMENT RESOLUTION
- SECTION 167AJ PROCEDURE FOR MCI AMENDMENT RESOLUTION
- CHAPTER 2C - REGISTERS
- PART 2C.1 - REGISTERS GENERALLY
- SECTION 167A WHO IS COVERED BY THIS CHAPTER
- SECTION 168 REGISTERS TO BE MAINTAINED
- SECTION 169 REGISTER OF MEMBERS
- SECTION 170 REGISTER OF OPTION HOLDERS AND COPIES OF OPTIONS DOCUMENTS
- SECTION 171 REGISTER OF DEBENTURE HOLDERS
- SECTION 172 LOCATION OF REGISTERS
- SECTION 173 RIGHT TO INSPECT AND GET COPIES
- SECTION 174 AGENT'S OBLIGATIONS
- SECTION 175 CORRECTION OF REGISTERS
- SECTION 176 EVIDENTIARY VALUE OF REGISTERS
- SECTION 177 USE OF INFORMATION ON REGISTERS
- SECTION 178 OVERSEAS BRANCH REGISTERS - COMPANIES
- SECTION 178AA OVERSEAS BRANCH REGISTERS - AUSTRALIAN PASSPORT FUNDS
- PART 2C.2 - NOTICE BY PROPRIETARY COMPANIES OF CHANGES TO MEMBER REGISTER
- SECTION 178A NOTICE OF CHANGE TO MEMBER REGISTER
- SECTION 178B TOP 20 ONLY
- SECTION 178C NOTICE OF CHANGE TO SHARE STRUCTURE
- SECTION 178D TIME WITHIN WHICH ASIC MUST BE NOTIFIED
- CHAPTER 2D - OFFICERS AND EMPLOYEES
- PART 2D.1 - DUTIES AND POWERS
- SECTION 179 SIMPLIFIED OUTLINE OF THIS PART
- Division 1 - General duties
- SECTION 180 CARE AND DILIGENCE - CIVIL OBLIGATION ONLY
- SECTION 181 GOOD FAITH - CIVIL OBLIGATIONS
- SECTION 182 USE OF POSITION - CIVIL OBLIGATIONS
- SECTION 183 USE OF INFORMATION - CIVIL OBLIGATIONS
- SECTION 184 GOOD FAITH, USE OF POSITION AND USE OF INFORMATION - CRIMINAL OFFENCES
- SECTION 185 INTERACTION OF SECTIONS 180 TO 184 WITH OTHER LAWS ETC.
- SECTION 186 TERRITORIAL APPLICATION OF SECTIONS 180 TO 184
- SECTION 187 DIRECTORS OF WHOLLY-OWNED SUBSIDIARIES
- SECTION 188 RESPONSIBILITY OF SECRETARIES ETC. FOR CERTAIN CORPORATE CONTRAVENTIONS
- SECTION 189 RELIANCE ON INFORMATION OR ADVICE PROVIDED BY OTHERS
- SECTION 190 RESPONSIBILITY FOR ACTIONS OF DELEGATE
- SECTION 190A LIMITED APPLICATION OF DIVISION TO REGISTRABLE AUSTRALIAN BODIES
- SECTION 190B DIVISION DOES NOT APPLY TO ABORIGINAL AND TORRES STRAIT ISLANDER CORPORATIONS
- SECTION 190C DIVISION DOES NOT APPLY IN RELATION TO NOTIFIED FOREIGN PASSPORT FUNDS OR THEIR OPERATORS
- Division 2 - Disclosure of, and voting on matters involving, material personal interests
- SECTION 191 MATERIAL PERSONAL INTEREST - DIRECTOR'S DUTY TO DISCLOSE
- SECTION 192 DIRECTOR MAY GIVE OTHER DIRECTORS STANDING NOTICE ABOUT AN INTEREST
- SECTION 193 INTERACTION OF SECTIONS 191 AND 192 WITH OTHER LAWS ETC.
- SECTION 194 VOTING AND COMPLETION OF TRANSACTIONS - DIRECTORS OF PROPRIETARY COMPANIES (REPLACEABLE RULE - SEE SECTION 135)
- SECTION 195 RESTRICTIONS ON VOTING - DIRECTORS OF PUBLIC COMPANIES ONLY
- SECTION 196 ASIC POWER TO MAKE DECLARATIONS AND CLASS ORDERS
- Division 3 - Duty to discharge certain trust liabilities
- SECTION 197 DIRECTORS LIABLE FOR DEBTS AND OTHER OBLIGATIONS INCURRED BY CORPORATION AS TRUSTEE
- Division 4 - Powers
- SECTION 198A POWERS OF DIRECTORS (REPLACEABLE RULE - SEE SECTION 135)
- SECTION 198B NEGOTIABLE INSTRUMENTS (REPLACEABLE RULE - SEE SECTION 135)
- SECTION 198C MANAGING DIRECTOR (REPLACEABLE RULE - SEE SECTION 135)
- SECTION 198D DELEGATION
- SECTION 198E SINGLE DIRECTOR/SHAREHOLDER PROPRIETARY COMPANIES
- SECTION 198F RIGHT OF ACCESS TO COMPANY BOOKS
- Division 5 - Exercise of powers while company under external administration
- SECTION 198G EXERCISE OF POWERS WHILE COMPANY UNDER EXTERNAL ADMINISTRATION
- PART 2D.2 - RESTRICTIONS ON INDEMNITIES, INSURANCE AND TERMINATION PAYMENTS
- Division 1 - Indemnities and insurance for officers and auditors
- SECTION 199A INDEMNIFICATION AND EXEMPTION OF OFFICER OR AUDITOR
- SECTION 199B INSURANCE PREMIUMS FOR CERTAIN LIABILITIES OF DIRECTOR, SECRETARY, OTHER OFFICER OR AUDITOR
- SECTION 199C CERTAIN INDEMNITIES, EXEMPTIONS, PAYMENTS AND AGREEMENTS NOT AUTHORISED AND CERTAIN DOCUMENTS VOID
- Division 2 - Termination payments
- SECTION 200 INTERPRETING THIS DIVISION
- SECTION 200AA MEANING OF MANAGERIAL OR EXECUTIVE OFFICE
- SECTION 200AB MEANING OF BENEFIT
- SECTION 200A WHEN BENEFIT GIVEN IN CONNECTION WITH RETIREMENT FROM AN OFFICE OR POSITION
- SECTION 200B RETIREMENT BENEFITS GENERALLY NEED MEMBERSHIP APPROVAL
- SECTION 200C BENEFITS ON TRANSFER OF UNDERTAKING OR PROPERTY NEED MEMBERSHIP APPROVAL
- SECTION 200D CONTRAVENTION TO RECEIVE BENEFIT WITHOUT MEMBER APPROVAL
- SECTION 200E APPROVAL BY MEMBERS
- SECTION 200F EXEMPT BENEFITS AND BENEFITS GIVEN IN CERTAIN CIRCUMSTANCES
- SECTION 200G GENUINE PAYMENTS OF PENSION AND LUMP SUM
- SECTION 200H BENEFITS REQUIRED BY LAW
- SECTION 200J BENEFITS TO BE HELD ON TRUST AND REPAID
- PART 2D.3 - APPOINTMENT, REMUNERATION AND CESSATION OF APPOINTMENT OF DIRECTORS
- Division 1 - Appointment of directors
- Subdivision A - General rules
- SECTION 201A MINIMUM NUMBER OF DIRECTORS
- SECTION 201B WHO CAN BE A DIRECTOR
- SECTION 201C DIRECTORS OF PUBLIC COMPANIES, OR SUBSIDIARIES, OVER 72
- SECTION 201D CONSENT TO ACT AS DIRECTOR
- SECTION 201E SPECIAL RULES FOR THE APPOINTMENT OF PUBLIC COMPANY DIRECTORS
- SECTION 201F SPECIAL RULES FOR THE APPOINTMENT OF DIRECTORS FOR SINGLE DIRECTOR/SINGLE SHAREHOLDER PROPRIETARY COMPANIES
- SECTION 201G COMPANY MAY APPOINT A DIRECTOR (REPLACEABLE RULE - SEE SECTION 135)
- SECTION 201H DIRECTORS MAY APPOINT OTHER DIRECTORS (REPLACEABLE RULE - SEE SECTION 135)
- SECTION 201J APPOINTMENT OF MANAGING DIRECTORS (REPLACEABLE RULE - SEE SECTION 135)
- SECTION 201K ALTERNATE DIRECTORS (REPLACEABLE RULE - SEE SECTION 135)
- SECTION 201L SIGNPOST - ASIC TO BE NOTIFIED OF APPOINTMENT
- SECTION 201M EFFECTIVENESS OF ACTS BY DIRECTORS
- Subdivision B - Limits on numbers of directors of public companies
- SECTION 201N APPLICATION OF SUBDIVISION
- SECTION 201P DIRECTORS MUST NOT SET BOARD LIMIT UNLESS PROPOSED LIMIT HAS BEEN APPROVED BY GENERAL MEETING
- SECTION 201Q REQUIREMENTS FOR EXPLANATORY STATEMENT TO MEMBERS
- SECTION 201R RECORDS OF VOTING ON BOARD LIMIT RESOLUTION IF POLL REQUIRED
- SECTION 201S NOTICE OF RESOLUTION TO BE LODGED
- SECTION 201T DECLARATION BY COURT OF SUBSTANTIAL COMPLIANCE
- SECTION 201U CONSEQUENCES OF SETTING BOARD LIMIT IN BREACH OF SECTION 201P
- Division 2 - Remuneration of directors
- SECTION 202A REMUNERATION OF DIRECTORS (REPLACEABLE RULE - SEE SECTION 135)
- SECTION 202B MEMBERS MAY OBTAIN INFORMATION ABOUT DIRECTORS' REMUNERATION
- SECTION 202C SPECIAL RULE FOR SINGLE DIRECTOR/SINGLE SHAREHOLDER PROPRIETARY COMPANIES
- Division 3 - Resignation, retirement or removal of directors
- SECTION 203A DIRECTOR MAY RESIGN BY GIVING WRITTEN NOTICE TO COMPANY (REPLACEABLE RULE - SEE SECTION 135)
- SECTION 203AA RESIGNATION OF DIRECTORS - WHEN RESIGNATION TAKES EFFECT
- SECTION 203AB RESIGNATION OF DIRECTORS - RESIGNATION HAS NO EFFECT IF COMPANY HAS NO OTHER DIRECTORS
- SECTION 203B SIGNPOST TO CONSEQUENCES OF DISQUALIFICATION FROM MANAGING CORPORATIONS
- SECTION 203C REMOVAL BY MEMBERS - PROPRIETARY COMPANIES (REPLACEABLE RULE - SEE SECTION 135)
- SECTION 203CA RESOLUTION TO REMOVE DIRECTORS - RESOLUTION IS VOID IF PROPRIETARY COMPANY HAS NO OTHER DIRECTORS
- SECTION 203D REMOVAL BY MEMBERS - PUBLIC COMPANIES
- SECTION 203E DIRECTOR CANNOT BE REMOVED BY OTHER DIRECTORS - PUBLIC COMPANIES
- SECTION 203F TERMINATION OF APPOINTMENT OF MANAGING DIRECTOR (REPLACEABLE RULE - SEE SECTION 135)
- PART 2D.4 - APPOINTMENT OF SECRETARIES
- SECTION 204A MINIMUM NUMBER OF SECRETARIES
- SECTION 204B WHO CAN BE A SECRETARY
- SECTION 204C CONSENT TO ACT AS SECRETARY
- SECTION 204D HOW A SECRETARY IS APPOINTED
- SECTION 204E EFFECTIVENESS OF ACTS BY SECRETARIES
- SECTION 204F TERMS AND CONDITIONS OF OFFICE FOR SECRETARIES (REPLACEABLE RULE - SEE SECTION 135)
- SECTION 204G SIGNPOST TO CONSEQUENCES OF DISQUALIFICATION FROM MANAGING CORPORATIONS
- PART 2D.5 - PUBLIC INFORMATION ABOUT DIRECTORS AND SECRETARIES
- SECTION 205A DIRECTOR, SECRETARY OR ALTERNATE DIRECTOR MAY NOTIFY ASIC OF RESIGNATION OR RETIREMENT
- SECTION 205B NOTICE OF NAME AND ADDRESS OF DIRECTORS AND SECRETARIES TO ASIC
- SECTION 205C DIRECTOR AND SECRETARY MUST GIVE INFORMATION TO COMPANY
- SECTION 205D ADDRESS FOR OFFICERS
- SECTION 205E ASIC ' S POWER TO ASK FOR INFORMATION ABOUT PERSON ' S POSITION AS DIRECTOR OR SECRETARY
- SECTION 205F DIRECTOR MUST GIVE INFORMATION TO COMPANY
- SECTION 205G LISTED COMPANY - DIRECTOR TO NOTIFY MARKET OPERATOR OF SHAREHOLDINGS ETC.
- PART 2D.6 - DISQUALIFICATION FROM MANAGING CORPORATIONS
- SECTION 206A DISQUALIFIED PERSON NOT TO MANAGE CORPORATIONS
- SECTION 206B AUTOMATIC DISQUALIFICATION - CONVICTIONS, BANKRUPTCY AND FOREIGN COURT ORDERS ETC.
- SECTION 206BA EXTENSION OF PERIOD OF AUTOMATIC DISQUALIFICATION UNDER SECTION 206B
- SECTION 206C COURT POWER OF DISQUALIFICATION - CONTRAVENTION OF CIVIL PENALTY PROVISION
- SECTION 206D COURT POWER OF DISQUALIFICATION - INSOLVENCY AND NON-PAYMENT OF DEBTS
- SECTION 206E COURT POWER OF DISQUALIFICATION - REPEATED CONTRAVENTIONS OF ACT
- SECTION 206EAA COURT POWER OF DISQUALIFICATION - DISQUALIFICATION UNDER A LAW OF A FOREIGN JURISDICTION
- SECTION 206EAB COURT POWER OF DISQUALIFICATION - UNRECOVERED PAYMENTS UNDER EMPLOYEE ENTITLEMENTS SCHEME
- SECTION 206EA DISQUALIFICATION UNDER THE COMPETITION AND CONSUMER ACT 2010 ETC.
- SECTION 206EB DISQUALIFICATION UNDER THE ASIC ACT
- SECTION 206F ASIC ' S POWER OF DISQUALIFICATION
- SECTION 206GAA ASIC ' S POWER OF DISQUALIFICATION - UNRECOVERED PAYMENTS UNDER EMPLOYEE ENTITLEMENTS SCHEME
- SECTION 206GAB ASIC POWER TO GRANT LEAVE
- SECTION 206G COURT POWER TO GRANT LEAVE
- SECTION 206GA INVOLVEMENT OF ACCC - LEAVE ORDERS UNDER SECTION 206G
- SECTION 206H LIMITED APPLICATION OF PART TO FOREIGN COMPANIES
- SECTION 206HAA LIMITED APPLICATION OF PART TO NOTIFIED FOREIGN PASSPORT FUNDS AND THEIR OPERATORS
- SECTION 206HA LIMITED APPLICATION OF PART TO REGISTRABLE AUSTRALIAN BODIES
- SECTION 206HB PART DOES NOT APPLY TO ABORIGINAL AND TORRES STRAIT ISLANDER CORPORATIONS
- PART 2D.7 - BAN ON HEDGING REMUNERATION OF KEY MANAGEMENT PERSONNEL
- SECTION 206J NO HEDGING OF REMUNERATION OF KEY MANAGEMENT PERSONNEL
- PART 2D.8 - REMUNERATION RECOMMENDATIONS IN RELATION TO KEY MANAGEMENT PERSONNEL FOR DISCLOSING ENTITIES
- SECTION 206K BOARD TO APPROVE REMUNERATION CONSULTANTS
- SECTION 206L REMUNERATION RECOMMENDATION BY REMUNERATION CONSULTANTS
- SECTION 206M DECLARATION BY REMUNERATION CONSULTANT
- CHAPTER 2E - RELATED PARTY TRANSACTIONS
- SECTION 207 PURPOSE
- PART 2E.1 - MEMBER APPROVAL NEEDED FOR RELATED PARTY BENEFIT
- Division 1 - Need for member approval
- SECTION 208 NEED FOR MEMBER APPROVAL FOR FINANCIAL BENEFIT
- SECTION 209 CONSEQUENCES OF BREACH
- Division 2 - Exceptions to the requirement for member approval
- SECTION 210 ARM'S LENGTH TERMS
- SECTION 211 REMUNERATION AND REIMBURSEMENT FOR OFFICER OR EMPLOYEE
- SECTION 212 INDEMNITIES, EXEMPTIONS, INSURANCE PREMIUMS AND PAYMENT FOR LEGAL COSTS FOR OFFICERS
- SECTION 213 SMALL AMOUNTS GIVEN TO RELATED ENTITY
- SECTION 214 BENEFIT TO OR BY CLOSELY-HELD SUBSIDIARY
- SECTION 215 BENEFITS TO MEMBERS THAT DO NOT DISCRIMINATE UNFAIRLY
- SECTION 216 COURT ORDER
- Division 3 - Procedure for obtaining member approval
- SECTION 217 RESOLUTION MAY SPECIFY MATTERS BY CLASS OR KIND
- SECTION 218 COMPANY MUST LODGE MATERIAL THAT WILL BE PUT TO MEMBERS WITH ASIC
- SECTION 219 REQUIREMENTS FOR EXPLANATORY STATEMENT TO MEMBERS
- SECTION 220 ASIC MAY COMMENT ON PROPOSED RESOLUTION
- SECTION 221 REQUIREMENTS FOR NOTICE OF MEETING
- SECTION 222 OTHER MATERIAL PUT TO MEMBERS
- SECTION 223 PROPOSED RESOLUTION CANNOT BE VARIED
- SECTION 224 VOTING BY OR ON BEHALF OF RELATED PARTY INTERESTED IN PROPOSED RESOLUTION
- SECTION 225 VOTING ON THE RESOLUTION
- SECTION 226 NOTICE OF RESOLUTION TO BE LODGED
- SECTION 227 DECLARATION BY COURT OF SUBSTANTIAL COMPLIANCE
- PART 2E.2 - RELATED PARTIES AND FINANCIAL BENEFITS
- SECTION 228 RELATED PARTIES
- SECTION 229 GIVING A FINANCIAL BENEFIT
- PART 2E.3 - INTERACTION WITH OTHER RULES
- SECTION 230 GENERAL DUTIES STILL APPLY
- CHAPTER 2F - MEMBERS' RIGHTS AND REMEDIES
- SECTION 231 MEMBERSHIP OF A COMPANY
- PART 2F.1 - OPPRESSIVE CONDUCT OF AFFAIRS
- SECTION 232 GROUNDS FOR COURT ORDER
- SECTION 233 ORDERS THE COURT CAN MAKE
- SECTION 234 WHO CAN APPLY FOR ORDER
- SECTION 235 REQUIREMENT FOR PERSON TO LODGE ORDER
- PART 2F.1A - PROCEEDINGS ON BEHALF OF A COMPANY BY MEMBERS AND OTHERS
- SECTION 236 BRINGING, OR INTERVENING IN, PROCEEDINGS ON BEHALF OF A COMPANY
- SECTION 237 APPLYING FOR AND GRANTING LEAVE
- SECTION 238 SUBSTITUTION OF ANOTHER PERSON FOR THE PERSON GRANTED LEAVE
- SECTION 239 EFFECT OF RATIFICATION BY MEMBERS
- SECTION 240 LEAVE TO DISCONTINUE, COMPROMISE OR SETTLE PROCEEDINGS BROUGHT, OR INTERVENED IN, WITH LEAVE
- SECTION 241 GENERAL POWERS OF THE COURT
- SECTION 242 POWER OF THE COURT TO MAKE COSTS ORDERS
- PART 2F.2 - CLASS RIGHTS
- SECTION 246B VARYING AND CANCELLING CLASS RIGHTS
- SECTION 246C CERTAIN ACTIONS TAKEN TO VARY RIGHTS ETC.
- SECTION 246D VARIATION, CANCELLATION OR MODIFICATION WITHOUT UNANIMOUS SUPPORT OF CLASS
- SECTION 246E VARIATION, CANCELLATION OR MODIFICATION WITH UNANIMOUS SUPPORT OF CLASS
- SECTION 246F COMPANY MUST LODGE DOCUMENTS AND RESOLUTIONS WITH ASIC
- SECTION 246G MEMBER'S COPIES OF DOCUMENTS AND RESOLUTIONS
- SECTION 246H APPLICATION OF THIS PART TO MCI MUTUAL ENTITIES THAT ARE COMPANIES LIMITED BY GUARANTEE
- PART 2F.3 - INSPECTION OF BOOKS
- SECTION 247A ORDER FOR INSPECTION OF BOOKS OF COMPANY OR REGISTERED SCHEME
- SECTION 247B ANCILLARY ORDERS
- SECTION 247C DISCLOSURE OF INFORMATION ACQUIRED IN INSPECTION
- SECTION 247D COMPANY OR DIRECTORS MAY ALLOW MEMBER TO INSPECT BOOKS (REPLACEABLE RULE SEE SECTION 135)
- PART 2F.4 - PROCEEDINGS AGAINST A COMPANY BY MEMBERS AND OTHERS
- SECTION 247E SHAREHOLDING DOES NOT PREVENT COMPENSATION CLAIM
- CHAPTER 2G - MEETINGS
- PART 2G.1 - DIRECTORS ' MEETINGS
- Division 1 - Resolutions and declarations without meetings
- SECTION 248A CIRCULATING RESOLUTIONS OF COMPANIES WITH MORE THAN 1 DIRECTOR (REPLACEABLE RULE SEE SECTION 135)
- SECTION 248B RESOLUTIONS AND DECLARATIONS OF 1 DIRECTOR PROPRIETARY COMPANIES
- Division 2 - Directors' meetings
- SECTION 248C CALLING DIRECTORS' MEETINGS (REPLACEABLE RULE SEE SECTION 135)
- SECTION 248D USE OF TECHNOLOGY
- SECTION 248E CHAIRING DIRECTORS' MEETINGS (REPLACEABLE RULE SEE SECTION 135)
- SECTION 248F QUORUM AT DIRECTORS' MEETINGS (REPLACEABLE RULE SEE SECTION 135)
- SECTION 248G PASSING OF DIRECTORS' RESOLUTIONS (REPLACEABLE RULE SEE SECTION 135)
- PART 2G.2 - MEETINGS OF MEMBERS OF COMPANIES
- Division 1 - Resolutions without meetings
- SECTION 249A CIRCULATING RESOLUTIONS OF PROPRIETARY COMPANIES WITH MORE THAN 1 MEMBER
- SECTION 249B RESOLUTIONS OF 1 MEMBER COMPANIES
- Division 2 - Who may call meetings of members
- SECTION 249C CALLING OF MEETINGS OF MEMBERS BY A DIRECTOR (REPLACEABLE RULE - SEE SECTION 135)
- SECTION 249CA CALLING OF MEETINGS OF MEMBERS OF A LISTED COMPANY BY A DIRECTOR
- SECTION 249D CALLING OF GENERAL MEETING BY DIRECTORS WHEN REQUESTED BY MEMBERS
- SECTION 249E FAILURE OF DIRECTORS TO CALL GENERAL MEETING
- SECTION 249F CALLING OF GENERAL MEETINGS BY MEMBERS
- SECTION 249G CALLING OF MEETINGS OF MEMBERS BY THE COURT
- Division 3 - How to call meetings of members
- SECTION 249H AMOUNT OF NOTICE OF MEETINGS
- SECTION 249HA AMOUNT OF NOTICE OF MEETINGS OF LISTED COMPANY
- SECTION 249J NOTICE OF MEETINGS OF MEMBERS TO MEMBERS AND DIRECTORS
- SECTION 249K AUDITOR ENTITLED TO NOTICE AND OTHER COMMUNICATIONS
- SECTION 249L CONTENTS OF NOTICE OF MEETINGS OF MEMBERS
- SECTION 249LA NOTICE OF MEETING NOT REQUIRED TO CONTAIN CERTAIN INFORMATION
- SECTION 249M NOTICE OF ADJOURNED MEETINGS (REPLACEABLE RULE - SEE SECTION 135)
- Division 4 - Members' rights to put resolutions etc. at general meetings
- SECTION 249N MEMBERS' RESOLUTIONS
- SECTION 249O COMPANY GIVING NOTICE OF MEMBERS' RESOLUTIONS
- SECTION 249P MEMBERS' STATEMENTS TO BE DISTRIBUTED
- Division 5 - Holding meetings of members
- SECTION 249Q PURPOSE
- SECTION 249R HOW MEETINGS OF MEMBERS MAY BE HELD
- SECTION 249RA PLACE AND TIME OF MEETINGS AND PRESENCE AT MEETINGS
- SECTION 249S REASONABLE OPPORTUNITY TO PARTICIPATE
- SECTION 249T QUORUM (REPLACEABLE RULE - SEE SECTION 135)
- SECTION 249U CHAIRING MEETINGS OF MEMBERS (REPLACEABLE RULE - SEE SECTION 135)
- SECTION 249V AUDITOR'S RIGHT TO BE HEARD AT GENERAL MEETINGS
- SECTION 249W ADJOURNED MEETINGS
- Division 6 - Proxies and body corporate representatives
- SECTION 249X WHO CAN APPOINT A PROXY (REPLACEABLE RULE FOR PROPRIETARY COMPANIES AND MANDATORY RULE FOR PUBLIC COMPANIES - SEE SECTION 135)
- SECTION 249Y RIGHTS OF PROXIES
- SECTION 249Z COMPANY SENDING APPOINTMENT FORMS OR LISTS OF PROXIES MUST SEND TO ALL MEMBERS
- SECTION 250A APPOINTING A PROXY
- SECTION 250B PROXY DOCUMENTS
- SECTION 250BA PROXY DOCUMENTS - LISTED COMPANIES
- SECTION 250BB PROXY VOTE IF APPOINTMENT SPECIFIES WAY TO VOTE
- SECTION 250BC TRANSFER OF NON-CHAIR PROXY TO CHAIR IN CERTAIN CIRCUMSTANCES
- SECTION 250BD PROXY VOTING BY KEY MANAGEMENT PERSONNEL OR CLOSELY RELATED PARTIES
- SECTION 250C VALIDITY OF PROXY VOTE
- SECTION 250D BODY CORPORATE REPRESENTATIVE
- Division 7 - Voting at meetings of members
- SECTION 250E HOW MANY VOTES A MEMBER HAS (REPLACEABLE RULE - SEE SECTION 135)
- SECTION 250F JOINTLY HELD SHARES (REPLACEABLE RULE - SEE SECTION 135)
- SECTION 250G OBJECTIONS TO RIGHT TO VOTE (REPLACEABLE RULE - SEE SECTION 135)
- SECTION 250H VOTES NEED NOT ALL BE CAST IN THE SAME WAY
- SECTION 250J HOW VOTING IS CARRIED OUT (REPLACEABLE RULE - SEE SECTION 135)
- SECTION 250JA CERTAIN RESOLUTIONS MUST BE DECIDED ON A POLL - LISTED COMPANIES
- SECTION 250K MATTERS ON WHICH A POLL MAY BE DEMANDED
- SECTION 250L WHEN A POLL IS EFFECTIVELY DEMANDED
- SECTION 250M WHEN AND HOW POLLS MUST BE TAKEN (REPLACEABLE RULE - SEE SECTION 135)
- SECTION 250MA REQUIREMENTS FOR A SPECIAL RESOLUTION
- Division 8 - AGMs of public companies
- SECTION 250N PUBLIC COMPANY MUST HOLD AGM
- SECTION 250P EXTENSION OF TIME FOR HOLDING AGM
- SECTION 250PAA EXEMPTIONS BY ASIC - CLASS ORDERS RELATING TO EXTERNALLY-ADMINISTERED COMPANIES
- SECTION 250PAB EXEMPTIONS BY ASIC - INDIVIDUAL EXTERNALLY-ADMINISTERED COMPANIES
- SECTION 250PA WRITTEN QUESTIONS TO AUDITOR SUBMITTED BY MEMBERS OF LISTED COMPANY BEFORE AGM
- SECTION 250R BUSINESS OF AGM
- SECTION 250RA AUDITOR REQUIRED TO ATTEND LISTED COMPANY ' S AGM
- SECTION 250S QUESTIONS AND COMMENTS BY MEMBERS ON COMPANY MANAGEMENT AT AGM
- SECTION 250SA LISTED COMPANY - REMUNERATION REPORT
- SECTION 250T QUESTIONS BY MEMBERS OF AUDITORS AT AGM
- Division 9 - Meetings arising from concerns about remuneration reports
- SECTION 250U APPLICATION
- SECTION 250V RESOLUTION TO HOLD FRESH ELECTIONS FOR DIRECTORS AT SPECIAL MEETING TO BE PUT TO VOTE AT AGM
- SECTION 250W CONSEQUENCES OF SPILL RESOLUTION BEING PASSED
- SECTION 250X ENSURING THERE ARE AT LEAST 3 DIRECTORS AFTER SPILL MEETING
- SECTION 250Y TERM OF OFFICE OF DIRECTOR REAPPOINTED AT SPILL MEETING
- PART 2G.3 - MINUTES AND MEMBERS ' ACCESS TO MINUTES
- SECTION 251A MINUTES
- SECTION 251AA DISCLOSURE OF PROXY VOTES - LISTED COMPANIES
- SECTION 251B MEMBERS' ACCESS TO MINUTES
- PART 2G.4 - MEETINGS OF MEMBERS OF REGISTERED SCHEMES
- Division 1 - Who may call meetings of members
- SECTION 252A CALLING OF MEETINGS OF MEMBERS BY RESPONSIBLE ENTITY
- SECTION 252B CALLING OF MEETINGS OF MEMBERS BY RESPONSIBLE ENTITY WHEN REQUESTED BY MEMBERS
- SECTION 252C FAILURE OF RESPONSIBLE ENTITY TO CALL MEETING OF THE SCHEME'S MEMBERS
- SECTION 252D CALLING OF MEETINGS OF MEMBERS BY MEMBERS
- SECTION 252E CALLING OF MEETINGS OF MEMBERS BY THE COURT
- Division 2 - How to call meetings of members
- SECTION 252F AMOUNT OF NOTICE OF MEETINGS
- SECTION 252G NOTICE OF MEETINGS OF MEMBERS TO MEMBERS, DIRECTORS AND AUDITORS
- SECTION 252H AUDITORS ENTITLED TO OTHER COMMUNICATIONS
- SECTION 252J CONTENTS OF NOTICE OF MEETINGS OF MEMBERS
- SECTION 252K NOTICE OF ADJOURNED MEETINGS
- Division 3 - Members' rights to put resolutions etc. at meetings of members
- SECTION 252L MEMBERS' RESOLUTIONS
- SECTION 252M RESPONSIBLE ENTITY GIVING NOTICE OF MEMBERS' RESOLUTIONS
- SECTION 252N MEMBERS' STATEMENTS TO BE DISTRIBUTED
- Division 4 - Holding meetings of members
- SECTION 252P HOW MEETINGS OF MEMBERS MAY BE HELD
- SECTION 252PA PLACE AND TIME OF MEETINGS AND PRESENCE AT MEETINGS
- SECTION 252Q REASONABLE OPPORTUNITY TO PARTICIPATE
- SECTION 252R QUORUM
- SECTION 252S CHAIRING MEETINGS OF MEMBERS
- SECTION 252T AUDITORS' RIGHT TO BE HEARD AT MEETINGS OF MEMBERS
- SECTION 252U ADJOURNED MEETINGS
- Division 5 - Proxies and body corporate representatives
- SECTION 252V WHO CAN APPOINT A PROXY
- SECTION 252W RIGHTS OF PROXIES
- SECTION 252X RESPONSIBLE ENTITY SENDING APPOINTMENT FORMS OR LISTS OF PROXIES MUST SEND TO ALL MEMBERS
- SECTION 252Y APPOINTING A PROXY
- SECTION 252Z PROXY DOCUMENTS
- SECTION 253A VALIDITY OF PROXY VOTE
- SECTION 253B BODY CORPORATE REPRESENTATIVE
- Division 6 - Voting at meetings of members
- SECTION 253C HOW MANY VOTES A MEMBER HAS
- SECTION 253D JOINTLY HELD INTERESTS
- SECTION 253E RESPONSIBLE ENTITY AND ASSOCIATES CANNOT VOTE IF INTERESTED IN RESOLUTION
- SECTION 253F HOW TO WORK OUT THE VALUE OF AN INTEREST
- SECTION 253G OBJECTIONS TO A RIGHT TO VOTE
- SECTION 253H VOTES NEED NOT ALL BE CAST IN THE SAME WAY
- SECTION 253J HOW VOTING IS CARRIED OUT
- SECTION 253K MATTERS ON WHICH A POLL MAY BE DEMANDED
- SECTION 253L WHEN A POLL IS EFFECTIVELY DEMANDED
- SECTION 253LA REQUIREMENTS FOR A SPECIAL RESOLUTION OR AN EXTRAORDINARY RESOLUTION
- Division 7 - Minutes and members' access to minutes
- SECTION 253M MINUTES
- SECTION 253N MEMBERS' ACCESS TO MINUTES
- PART 2G.5 - ELECTRONIC RECORDING AND KEEPING OF MINUTE BOOKS
- Division 1 - Interpretation
- Division 2 - Virtual meetings
- Division 3 - Electronic communication
- Division 4 - Recording and keeping of minute books
- SECTION 253S ELECTRONIC RECORDING AND KEEPING OF MINUTE BOOKS
- PART 2G.6 - EXCEPTIONAL CIRCUMSTANCES
- SECTION 253T EXCEPTIONAL CIRCUMSTANCES - AGM
- SECTION 253TA EXCEPTIONAL CIRCUMSTANCES - VIRTUAL MEETINGS
- PART 2G.7 - INDEPENDENT REPORTS ON POLLS
- SECTION 253U APPLICATION OF PART
- SECTION 253UA INDEPENDENT PERSONS
- SECTION 253UB COMPANY MEMBERS ' RIGHTS TO REQUEST OBSERVER AND REPORT ON CONDUCT OF POLL
- SECTION 253UC COMPANY MEMBERS ' RIGHTS TO REQUEST SCRUTINY AND REPORT ON OUTCOME OF POLL
- SECTION 253UD REGISTERED SCHEME MEMBERS ' RIGHTS TO REQUEST OBSERVER AND REPORT ON CONDUCT OF POLL
- SECTION 253UE REGISTERED SCHEME MEMBERS ' RIGHTS TO REQUEST SCRUTINY AND REPORT ON OUTCOME OF POLL
- SECTION 253UF RIGHT OF INDEPENDENT PERSON TO INFORMATION
- SECTION 253UG RECORD-KEEPING FOR REPORTS ON POLLS
- CHAPTER 2H - SHARES
- PART 2H.1 - ISSUING AND CONVERTING SHARES
- SECTION 254A POWER TO ISSUE BONUS, PARTLY-PAID, PREFERENCE AND REDEEMABLE PREFERENCE SHARES
- SECTION 254B TERMS OF ISSUE
- SECTION 254C NO PAR VALUE SHARES
- SECTION 254D PRE-EMPTION FOR EXISTING SHAREHOLDERS ON ISSUE OF SHARES IN PROPRIETARY COMPANY (REPLACEABLE RULE - SEE SECTION 135)
- SECTION 254E COURT VALIDATION OF ISSUE
- SECTION 254F BEARER SHARES AND STOCK MUST NOT BE ISSUED
- SECTION 254G CONVERSION OF SHARES
- SECTION 254H RESOLUTION TO CONVERT SHARES INTO LARGER OR SMALLER NUMBER
- PART 2H.2 - REDEMPTION OF REDEEMABLE PREFERENCE SHARES
- SECTION 254J REDEMPTION MUST BE IN ACCORDANCE WITH TERMS OF ISSUE
- SECTION 254K OTHER REQUIREMENTS ABOUT REDEMPTION
- SECTION 254L CONSEQUENCES OF CONTRAVENING SECTION 254J OR 254K
- PART 2H.3 - PARTLY-PAID SHARES
- SECTION 254M LIABILITY ON PARTLY-PAID SHARES
- SECTION 254N CALLS MAY BE LIMITED TO WHEN COMPANY IS EXTERNALLY-ADMINISTERED
- SECTION 254P NO LIABILITY COMPANIES - CALLS ON SHARES
- SECTION 254Q NO LIABILITY COMPANIES - FORFEITURE AND SALE OF SHARES FOR FAILURE TO MEET CALL
- SECTION 254R NO LIABILITY COMPANIES - REDEMPTION OF FORFEITED SHARES
- PART 2H.4 - CAPITALISATION OF PROFITS
- SECTION 254S CAPITALISATION OF PROFITS
- PART 2H.5 - DIVIDENDS
- SECTION 254SA COMPANIES LIMITED BY GUARANTEE NOT TO PAY DIVIDENDS
- SECTION 254T CIRCUMSTANCES IN WHICH A DIVIDEND MAY BE PAID
- SECTION 254U OTHER PROVISIONS ABOUT PAYING DIVIDENDS (REPLACEABLE RULE - SEE SECTION 135)
- SECTION 254V WHEN DOES THE COMPANY INCUR A DEBT?
- SECTION 254W DIVIDEND RIGHTS
- SECTION 254WA APPLICATION OF THIS PART TO MCI MUTUAL ENTITIES
- PART 2H.6 - NOTICE REQUIREMENTS
- SECTION 254X NOTICE TO ASIC OF SHARE ISSUE
- SECTION 254Y NOTICE TO ASIC OF SHARE CANCELLATION
- CHAPTER 2J - TRANSACTIONS AFFECTING SHARE CAPITAL
- PART 2J.1 - SHARE CAPITAL REDUCTIONS AND SHARE BUY-BACKS
- SECTION 256A PURPOSE
- Division 1 - Reductions in share capital not otherwise authorised by law
- SECTION 256B COMPANY MAY MAKE REDUCTION NOT OTHERWISE AUTHORISED
- SECTION 256C SHAREHOLDER APPROVAL
- SECTION 256D CONSEQUENCES OF FAILING TO COMPLY WITH SECTION 256B
- SECTION 256E SIGNPOSTS TO OTHER RELEVANT PROVISIONS
- Division 2 - Share buy-backs
- SECTION 257A THE COMPANY'S POWER TO BUY BACK ITS OWN SHARES
- SECTION 257B BUY-BACK PROCEDURE - GENERAL
- SECTION 257C BUY-BACK PROCEDURE - SHAREHOLDER APPROVAL IF THE 10/12 LIMIT EXCEEDED
- SECTION 257D BUY-BACK PROCEDURE - SPECIAL SHAREHOLDER APPROVAL FOR SELECTIVE BUY-BACK
- SECTION 257E BUY-BACK PROCEDURE - LODGMENT OF OFFER DOCUMENTS WITH ASIC
- SECTION 257F NOTICE OF INTENDED BUY-BACK
- SECTION 257G BUY-BACK PROCEDURE - DISCLOSURE OF RELEVANT INFORMATION WHEN OFFER MADE
- SECTION 257H ACCEPTANCE OF OFFER AND TRANSFER OF SHARES TO THE COMPANY
- SECTION 257J SIGNPOSTS TO OTHER RELEVANT PROVISIONS
- Division 3 - Other share capital reductions
- SECTION 258A UNLIMITED COMPANIES
- SECTION 258B RIGHT TO OCCUPY OR USE REAL PROPERTY
- SECTION 258C BROKERAGE OR COMMISSION
- SECTION 258D CANCELLATION OF FORFEITED SHARES
- SECTION 258E OTHER SHARE CANCELLATIONS
- SECTION 258F REDUCTIONS BECAUSE OF LOST CAPITAL
- Division 4 - Application of this Part to MCI mutual entities
- SECTION 258G APPLICATION OF THIS PART TO MCI MUTUAL ENTITIES
- PART 2J.2 - SELF-ACQUISITION AND CONTROL OF SHARES
- SECTION 259A DIRECTLY ACQUIRING OWN SHARES
- SECTION 259B TAKING SECURITY OVER OWN SHARES OR SHARES IN HOLDING COMPANY
- SECTION 259C ISSUING OR TRANSFERRING SHARES TO CONTROLLED ENTITY
- SECTION 259D COMPANY CONTROLLING ENTITY THAT HOLDS SHARES IN IT
- SECTION 259E WHEN A COMPANY CONTROLS AN ENTITY
- SECTION 259F CONSEQUENCES OF FAILING TO COMPLY WITH SECTION 259A OR 259B
- PART 2J.3 - FINANCIAL ASSISTANCE
- SECTION 260A FINANCIAL ASSISTANCE BY A COMPANY FOR ACQUIRING SHARES IN THE COMPANY OR A HOLDING COMPANY
- SECTION 260B SHAREHOLDER APPROVAL
- SECTION 260C EXEMPTED FINANCIAL ASSISTANCE
- SECTION 260D CONSEQUENCES OF FAILING TO COMPLY WITH SECTION 260A
- SECTION 260DA APPLICATION OF THIS PART TO MCI MUTUAL ENTITIES
- PART 2J.4 - INTERACTION WITH GENERAL DIRECTORS' DUTIES
- SECTION 260E GENERAL DUTIES STILL APPLY
- CHAPTER 2K - CHARGES (REPEALED)
- CHAPTER 2L - DEBENTURES
- PART 2L.1 - REQUIREMENT FOR TRUST DEED AND TRUSTEE
- SECTION 283AA REQUIREMENT FOR TRUST DEED AND TRUSTEE
- SECTION 283AB TRUST DEED
- SECTION 283AC WHO CAN BE A TRUSTEE
- SECTION 283AD EXISTING TRUSTEE CONTINUES TO ACT UNTIL NEW TRUSTEE TAKES OFFICE
- SECTION 283AE REPLACEMENT OF TRUSTEE
- PART 2L.2 - DUTIES OF BORROWER
- SECTION 283BA DUTIES OF BORROWER
- SECTION 283BB GENERAL DUTIES
- SECTION 283BC DUTY TO NOTIFY ASIC OF INFORMATION RELATED TO TRUSTEE
- SECTION 283BCA REGISTER RELATING TO TRUSTEES FOR DEBENTURE HOLDERS
- SECTION 283BD DUTY TO REPLACE TRUSTEE
- SECTION 283BE DUTY TO INFORM TRUSTEE ABOUT SECURITY INTERESTS
- SECTION 283BF DUTY TO GIVE TRUSTEE AND ASIC QUARTERLY REPORTS
- SECTION 283BG EXCEPTIONS TO BORROWER ' S DUTY TO REPORT TO TRUSTEE AND ASIC
- SECTION 283BH HOW DEBENTURES MAY BE DESCRIBED
- SECTION 283BHA ADDITIONAL REQUIREMENTS FOR DESCRIBING DEBENTURES AS SECURED NOTES
- SECTION 283BI OFFENCES FOR FAILURE TO COMPLY WITH STATUTORY DUTIES
- PART 2L.3 - DUTIES OF GUARANTOR
- SECTION 283CA DUTIES OF GUARANTOR
- SECTION 283CB GENERAL DUTIES
- SECTION 283CC DUTY TO INFORM TRUSTEE ABOUT SECURITY INTERESTS
- SECTION 283CD EXCEPTIONS TO GUARANTOR ' S DUTY TO INFORM TRUSTEE
- SECTION 283CE OFFENCES FOR FAILURE TO COMPLY WITH STATUTORY DUTIES
- PART 2L.4 - TRUSTEE
- SECTION 283DA TRUSTEE ' S DUTIES
- SECTION 283DB EXEMPTIONS AND INDEMNIFICATIONS OF TRUSTEE FROM LIABILITY
- SECTION 283DC INDEMNITY
- PART 2L.5 - MEETINGS OF DEBENTURE HOLDERS
- SECTION 283EA BORROWER'S DUTY TO CALL MEETING
- SECTION 283EB TRUSTEE'S POWER TO CALL MEETING
- SECTION 283EC COURT MAY ORDER MEETING
- PART 2L.6 - CIVIL LIABILITY
- SECTION 283F CIVIL LIABILITY FOR CONTRAVENING THIS CHAPTER
- PART 2L.7 - ASIC POWERS
- SECTION 283GA ASIC'S POWER TO EXEMPT AND MODIFY
- SECTION 283GB ASIC MAY APPROVE BODY CORPORATE TO BE TRUSTEE
- PART 2L.8 - COURT
- SECTION 283HA GENERAL COURT POWER TO GIVE DIRECTIONS AND DETERMINE QUESTIONS
- SECTION 283HB SPECIFIC COURT POWERS
- PART 2L.9 - LOCATION OF OTHER DEBENTURE PROVISIONS
- SECTION 283I SIGNPOST TO OTHER DEBENTURE PROVISIONS
- CHAPTER 2M - FINANCIAL REPORTS, SUSTAINABILITY REPORTS AND AUDIT
- PART 2M.1 - OVERVIEW
- SECTION 285 OVERVIEW OF OBLIGATIONS UNDER THIS CHAPTER
- SECTION 285A OVERVIEW OF OBLIGATIONS OF COMPANIES LIMITED BY GUARANTEE
- PART 2M.2 - FINANCIAL AND SUSTAINABILITY RECORDS
- SECTION 286 OBLIGATION TO KEEP FINANCIAL RECORDS
- SECTION 286A OBLIGATION TO KEEP SUSTAINABILITY RECORDS
- SECTION 287 LANGUAGE REQUIREMENTS
- SECTION 288 PHYSICAL FORMAT
- SECTION 289 PLACE WHERE FINANCIAL RECORDS ARE KEPT
- SECTION 289A PLACE WHERE SUSTAINABILITY RECORDS ARE KEPT
- SECTION 290 DIRECTOR ACCESS
- SECTION 291 SIGNPOSTS TO OTHER RELEVANT PROVISIONS
- PART 2M.3 - FINANCIAL AND SUSTAINABILITY REPORTING
- Division 1 - Annual financial reports, sustainability reports and directors ' reports
- SECTION 292 WHO HAS TO PREPARE ANNUAL FINANCIAL REPORTS AND DIRECTORS ' REPORTS
- SECTION 292A WHO HAS TO PREPARE ANNUAL SUSTAINABILITY REPORTS
- SECTION 293 SMALL PROPRIETARY COMPANY - SHAREHOLDER DIRECTION
- SECTION 294 SMALL PROPRIETARY COMPANY - ASIC DIRECTION
- SECTION 294A SMALL COMPANY LIMITED BY GUARANTEE - MEMBER DIRECTION
- SECTION 294B SMALL COMPANY LIMITED BY GUARANTEE - ASIC DIRECTION
- SECTION 295 CONTENTS OF ANNUAL FINANCIAL REPORT
- SECTION 295A DECLARATION IN RELATION TO LISTED ENTITY ' S FINANCIAL STATEMENTS BY CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER
- SECTION 296 COMPLIANCE WITH ACCOUNTING STANDARDS AND REGULATIONS
- SECTION 296A CONTENTS OF ANNUAL SUSTAINABILITY REPORT
- SECTION 296B CONTENTS OF CLIMATE STATEMENTS - STATEMENT ABOUT THERE BEING NO FINANCIAL RISKS OR OPPORTUNITIES RELATING TO CLIMATE
- SECTION 296C COMPLIANCE WITH SUSTAINABILITY STANDARDS ETC.
- SECTION 296D CLIMATE STATEMENT DISCLOSURES
- SECTION 296E ASIC DIRECTIONS
- SECTION 297 TRUE AND FAIR VIEW
- SECTION 298 ANNUAL DIRECTORS ' REPORT
- SECTION 299 ANNUAL DIRECTORS ' REPORT - GENERAL INFORMATION
- SECTION 299A ANNUAL DIRECTORS ' REPORT - ADDITIONAL GENERAL REQUIREMENTS FOR LISTED ENTITIES
- SECTION 300 ANNUAL DIRECTORS ' REPORT - SPECIFIC INFORMATION
- SECTION 300A ANNUAL DIRECTORS ' REPORT - SPECIFIC INFORMATION TO BE PROVIDED BY LISTED COMPANIES
- SECTION 300B ANNUAL DIRECTORS ' REPORT - COMPANIES LIMITED BY GUARANTEE
- SECTION 300C ANNUAL DIRECTORS ' REPORT - REGISTRABLE SUPERANNUATION ENTITIES
- SECTION 301 AUDIT OF ANNUAL FINANCIAL REPORT
- SECTION 301A AUDIT OF ANNUAL SUSTAINABILITY REPORT
- Division 2 - Half-year financial report and directors ' report
- SECTION 302 DISCLOSING ENTITY MUST PREPARE HALF-YEAR FINANCIAL REPORT AND DIRECTORS ' REPORT
- SECTION 303 CONTENTS OF HALF-YEAR FINANCIAL REPORT
- SECTION 304 COMPLIANCE WITH ACCOUNTING STANDARDS AND REGULATIONS
- SECTION 305 TRUE AND FAIR VIEW
- SECTION 306 HALF-YEAR DIRECTORS ' REPORT
- Division 3 - Audits and auditor ' s reports
- SECTION 307 AUDIT OF FINANCIAL REPORT
- SECTION 307A AUDIT OF FINANCIAL REPORT TO BE CONDUCTED IN ACCORDANCE WITH AUDITING STANDARDS
- SECTION 307AA AUDIT OF SUSTAINABILITY REPORT
- SECTION 307AB AUDIT OF SUSTAINABILITY REPORT TO BE CONDUCTED IN ACCORDANCE WITH AUDITING STANDARDS
- SECTION 307B WORKING PAPERS FOR AUDIT OF FINANCIAL OR SUSTAINABILITY REPORT TO BE RETAINED FOR 7 YEARS
- SECTION 307C AUDITOR ' S INDEPENDENCE DECLARATION
- SECTION 308 AUDITOR ' S REPORT ON ANNUAL FINANCIAL REPORT
- SECTION 309 AUDITOR ' S REPORT ON HALF-YEAR FINANCIAL REPORT
- SECTION 309A AUDITOR ' S REPORT ON SUSTAINABILITY REPORT
- SECTION 310 AUDITOR ' S POWER TO OBTAIN INFORMATION
- SECTION 311 REPORTING TO ASIC
- SECTION 312 ASSISTING AUDITOR
- SECTION 313 SPECIAL PROVISIONS ON AUDIT OF DEBENTURE ISSUERS AND GUARANTORS
- Division 4 - Annual financial and sustainability reporting to members
- SECTION 314 ANNUAL FINANCIAL AND SUSTAINABILITY REPORTING BY COMPANIES, REGISTERED SCHEMES AND DISCLOSING ENTITIES TO MEMBERS
- SECTION 314AA ANNUAL FINANCIAL REPORTING BY REGISTRABLE SUPERANNUATION ENTITIES TO MEMBERS
- SECTION 314A ANNUAL FINANCIAL REPORTING BY NOTIFIED FOREIGN PASSPORT FUNDS TO AUSTRALIAN MEMBERS
- SECTION 315 DEADLINE FOR REPORTING TO MEMBERS
- SECTION 316 CHOICES FOR MEMBERS OF COMPANIES, REGISTERED SCHEMES OR DISCLOSING ENTITIES
- SECTION 316AA CHOICES FOR AUSTRALIAN MEMBERS OF NOTIFIED FOREIGN PASSPORT FUNDS
- SECTION 316A ANNUAL FINANCIAL AND SUSTAINABILITY REPORTING TO MEMBERS OF COMPANIES LIMITED BY GUARANTEE
- SECTION 316B ANNUAL SUSTAINABILITY REPORTING TO THE PUBLIC BY OTHER ENTITIES
- SECTION 317 CONSIDERATION OF REPORTS AT AGM
- SECTION 318 ADDITIONAL REPORTING BY DEBENTURE ISSUERS
- Division 5 - Lodging reports with ASIC
- SECTION 319 LODGMENT OF ANNUAL REPORTS WITH ASIC
- SECTION 320 LODGMENT OF HALF-YEAR REPORTS WITH ASIC
- SECTION 321 ASIC POWER TO REQUIRE LODGMENT
- SECTION 322 RELODGMENT IF FINANCIAL REPORTS, SUSTAINABILITY REPORTS OR DIRECTORS ' REPORTS AMENDED AFTER LODGMENT
- Division 6 - Special provisions about consolidated financial and climate statements
- SECTION 323 DIRECTORS AND OFFICERS OF CONTROLLED ENTITY TO GIVE INFORMATION
- SECTION 323A AUDITOR ' S POWER TO OBTAIN INFORMATION FROM CONTROLLED ENTITY
- SECTION 323B CONTROLLED ENTITY TO ASSIST AUDITOR
- SECTION 323C APPLICATION OF DIVISION TO ENTITY THAT HAS CEASED TO BE CONTROLLED
- Division 7 - Financial years and half-years
- SECTION 323D MEANING OF FINANCIAL YEAR AND HALF-YEAR - COMPANY, REGISTERED SCHEME AND DISCLOSING ENTITY
- SECTION 323DAAA FINANCIAL YEARS FOR REGISTRABLE SUPERANNUATION ENTITIES
- SECTION 323DAA MEANING OF FINANCIAL YEAR - NOTIFIED FOREIGN PASSPORT FUND
- Division 8 - Disclosure by listed companies of information filed overseas
- SECTION 323DA LISTED COMPANIES TO DISCLOSE INFORMATION FILED OVERSEAS
- Division 9 - Disclosure by listed entities of information about jobkeeper payments
- SECTION 323DB REQUIREMENT TO NOTIFY MARKET OPERATOR ABOUT JOBKEEPER PAYMENTS
- SECTION 323DC ASIC MUST PUBLISH REPORT
- PART 2M.4 - APPOINTMENT AND REMOVAL OF AUDITORS
- Division 1 - Entities that may be appointed as an auditor for a company, registered scheme or registrable superannuation entity
- SECTION 324 QUALIFICATIONS OF AUDITORS
- SECTION 324AA INDIVIDUAL AUDITORS, AUDIT FIRMS AND AUTHORISED AUDIT COMPANIES
- SECTION 324AB EFFECT OF APPOINTING FIRM AS AUDITOR - GENERAL
- SECTION 324AC EFFECT OF APPOINTING FIRM AS AUDITOR - RECONSTITUTION OF FIRM
- SECTION 324AD EFFECT OF APPOINTING COMPANY AS AUDITOR
- SECTION 324AE MEANING OF PROFESSIONAL MEMBER - AUDIT TEAM
- SECTION 324AF MEANING OF LEAD AUDITOR AND REVIEW AUDITOR
- Division 2 - Registration requirements
- SECTION 324BA REGISTRATION REQUIREMENTS FOR APPOINTMENT OF INDIVIDUAL AS AUDITOR
- SECTION 324BB REGISTRATION REQUIREMENTS FOR APPOINTMENT OF FIRM AS AUDITOR
- SECTION 324BC REGISTRATION REQUIREMENTS FOR APPOINTMENT OF COMPANY AS AUDITOR
- SECTION 324BD EXCEPTION FROM REGISTRATION REQUIREMENT FOR PROPRIETARY COMPANY
- SECTION 324BE EXCEPTION FROM REGISTRATION REQUIREMENT - REVIEWING FINANCIAL REPORTS OF COMPANIES LIMITED BY GUARANTEE
- Division 2A - Eligibility requirements for auditors of registrable superannuation entities
- SECTION 324BF ELIGIBILITY REQUIREMENTS FOR AUDITORS OF REGISTRABLE SUPERANNUATION ENTITIES
- Division 3 - Auditor independence
- Subdivision A - General requirement
- SECTION 324CA GENERAL REQUIREMENT FOR AUDITOR INDEPENDENCE - AUDITORS
- SECTION 324CB GENERAL REQUIREMENT FOR AUDITOR INDEPENDENCE - MEMBER OF AUDIT FIRM
- SECTION 324CC GENERAL REQUIREMENT FOR AUDITOR INDEPENDENCE - DIRECTOR OF AUDIT COMPANY
- SECTION 324CD CONFLICT OF INTEREST SITUATION
- Subdivision B - Specific requirements
- SECTION 324CE AUDITOR INDEPENDENCE - SPECIFIC REQUIREMENTS FOR INDIVIDUAL AUDITOR
- SECTION 324CF AUDITOR INDEPENDENCE - SPECIFIC REQUIREMENTS FOR AUDIT FIRM
- SECTION 324CG AUDITOR INDEPENDENCE - SPECIFIC REQUIREMENTS FOR AUDIT COMPANY
- SECTION 324CH RELEVANT RELATIONSHIPS
- SECTION 324CI SPECIAL RULE FOR RETIRING PARTNERS OF AUDIT FIRMS AND RETIRING DIRECTORS OF AUTHORISED AUDIT COMPANIES
- SECTION 324CJ SPECIAL RULE FOR RETIRING PROFESSIONAL MEMBER OF AUDIT COMPANY
- SECTION 324CK MULTIPLE FORMER AUDIT FIRM PARTNERS OR AUDIT COMPANY DIRECTORS
- Subdivision C - Common provisions
- SECTION 324CL PEOPLE WHO ARE REGARDED AS OFFICERS OF A COMPANY FOR THE PURPOSES OF THIS DIVISION
- SECTION 324CLA EXTENDED MEANING OF OFFICER OF A REGISTRABLE SUPERANNUATION ENTITY
- Division 4 - Deliberately disqualifying auditor
- SECTION 324CM DELIBERATELY DISQUALIFYING AUDITOR
- Division 5 - Auditor rotation for listed companies, listed registered schemes and registrable superannuation entities
- SECTION 324DA LIMITED TERM FOR ELIGIBILITY TO PLAY SIGNIFICANT ROLE IN AUDIT OF A LISTED COMPANY, LISTED REGISTERED SCHEME OR REGISTRABLE SUPERANNUATION ENTITY
- SECTION 324DAA DIRECTORS MAY EXTEND ELIGIBILITY TERM
- SECTION 324DAB REQUIREMENTS FOR DIRECTORS TO APPROVE EXTENSION OF ELIGIBILITY TERM
- SECTION 324DAC NOTIFICATIONS ABOUT APPROVAL TO EXTEND ELIGIBILITY TERM
- SECTION 324DAD APPROVAL INEFFECTIVE UNLESS IT COMPLIES WITH REQUIREMENTS
- SECTION 324DB INDIVIDUAL ' S ROTATION OBLIGATION
- SECTION 324DC AUDIT FIRM ' S ROTATION OBLIGATION
- SECTION 324DD AUDIT COMPANY ' S ROTATION OBLIGATION
- Division 6 - Appointment, removal and fees of auditors for companies
- Subdivision A - Appointment of company auditors
- SECTION 325 APPOINTMENT OF AUDITOR BY PROPRIETARY COMPANY
- SECTION 327 APPOINTMENT OF AUDITORS
- SECTION 327A PUBLIC COMPANY AUDITOR (INITIAL APPOINTMENT OF AUDITOR)
- SECTION 327B PUBLIC COMPANY AUDITOR (ANNUAL APPOINTMENTS AT AGMs TO FILL VACANCIES)
- SECTION 327C PUBLIC COMPANY AUDITOR (APPOINTMENT TO FILL CASUAL VACANCY)
- SECTION 327D APPOINTMENT TO REPLACE AUDITOR REMOVED FROM OFFICE
- SECTION 327E ASIC MAY APPOINT A COMPANY AUDITOR IF AUDITOR REMOVED BUT NOT REPLACED
- SECTION 327F ASIC ' S GENERAL POWER TO APPOINT A COMPANY AUDITOR
- SECTION 327G RESTRICTIONS ON ASIC ' S POWERS TO APPOINT A COMPANY AUDITOR
- SECTION 327H EFFECT ON APPOINTMENT OF PUBLIC COMPANY AUDITOR OF COMPANY BEGINNING TO BE CONTROLLED BY A CORPORATION
- SECTION 327I REMAINING AUDITORS MAY ACT DURING VACANCY
- SECTION 328 NOMINATION OF AUDITORS
- SECTION 328A AUDITOR ' S CONSENT TO APPOINTMENT
- SECTION 328B NOMINATION OF AUDITOR
- SECTION 328C PUBLIC COMPANY AUDITOR (APPOINTMENT OF AUDITOR WHEN CROWD-SOURCED FUNDING CONCESSION ENDS)
- SECTION 328D PUBLIC COMPANY AUDITOR (APPOINTMENT OF AUDITOR WHEN $3 MILLION RAISED USING CROWD-SOURCED FUNDING)
- SECTION 328E CROWD-SOURCED FUNDING - PERIOD OF OFFICE
- Subdivision B - Removal and resignation of company auditors
- SECTION 329 REMOVAL AND RESIGNATION OF AUDITORS
- SECTION 330 EFFECT OF WINDING UP ON OFFICE OF AUDITOR
- Subdivision C - Company auditors' fees and expenses
- SECTION 331 FEES AND EXPENSES OF AUDITORS
- Division 7 - Appointment, removal and fees of auditors for registered schemes
- Subdivision A - Appointment of registered scheme auditors
- SECTION 331AA QUALIFICATIONS OF AUDITORS
- SECTION 331AB APPOINTMENT OF AUDITORS
- SECTION 331AAA REGISTERED SCHEME AUDITOR (INITIAL APPOINTMENT OF AUDITOR)
- SECTION 331AAB REGISTERED SCHEME AUDITOR (APPOINTMENT TO FILL VACANCY)
- SECTION 331AAC ASIC'S POWER TO APPOINT REGISTERED SCHEME AUDITOR
- SECTION 331AAD REMAINING AUDITORS MAY ACT DURING VACANCY
- Subdivision B - Removal and resignation of registered scheme auditors
- SECTION 331AC REMOVAL AND RESIGNATION OF AUDITORS
- SECTION 331AD EFFECT OF WINDING UP ON OFFICE OF AUDITOR
- Subdivision C - Fees and expenses of auditors
- SECTION 331AE FEES AND EXPENSES OF AUDITORS
- Division 8 - Appointment, removal and fees of auditors of registrable superannuation entities
- Subdivision A - Appointment of registrable superannuation entity auditors
- SECTION 331AF REGISTRABLE SUPERANNUATION ENTITY AUDITOR (INITIAL APPOINTMENT OF AUDITOR)
- SECTION 331AG REGISTRABLE SUPERANNUATION ENTITY AUDITOR (APPOINTMENT TO FILL VACANCY)
- SECTION 331AH REGISTRABLE SUPERANNUATION ENTITY AUDITOR (DURATION OF APPOINTMENT)
- SECTION 331AJ ASIC ' S POWER TO APPOINT AUDITOR OF A REGISTRABLE SUPERANNUATION ENTITY
- Subdivision B - Removal and resignation of registrable superannuation entity auditors
- SECTION 331AK REMOVAL AND RESIGNATION OF AUDITORS
- Subdivision C - Fees and expenses of auditors
- SECTION 331AL FEES AND EXPENSES OF AUDITORS
- PART 2M.4A - ANNUAL TRANSPARENCY REPORTS FOR AUDITORS
- SECTION 332 MEANING OF TRANSPARENCY REPORTING AUDITOR AND TRANSPARENCY REPORTING YEAR
- SECTION 332A TRANSPARENCY REPORTING AUDITORS MUST PUBLISH ANNUAL TRANSPARENCY REPORTS
- SECTION 332B CONTENT OF ANNUAL TRANSPARENCY REPORT
- SECTION 332C EXTENSION OF PERIOD FOR PUBLICATION OF ANNUAL TRANSPARENCY REPORT
- SECTION 332D EXEMPTION ORDERS - APPLICATIONS BY TRANSPARENCY REPORTING AUDITORS
- SECTION 332E EXEMPTION ORDERS - CLASS ORDERS FOR TRANSPARENCY REPORTING AUDITORS
- SECTION 332F EXEMPTION ORDERS - CRITERIA FOR ORDERS
- SECTION 332G OFFENCES BY MEMBERS OF AUDIT FIRM
- PART 2M.5 - ACCOUNTING, SUSTAINABILITY AND AUDITING STANDARDS
- SECTION 334 ACCOUNTING STANDARDS
- SECTION 335 EQUITY ACCOUNTING
- SECTION 336 AUDITING STANDARDS
- SECTION 336A SUSTAINABILITY STANDARDS
- SECTION 337 INTERPRETATION OF ACCOUNTING, AUDITING AND SUSTAINABILITY STANDARDS
- SECTION 338 EVIDENCE OF TEXT OF ACCOUNTING, AUDITING OR SUSTAINABILITY STANDARD
- SECTION 339 EVIDENCE OF TEXT OF ACCOUNTING STANDARD
- PART 2M.6 - EXEMPTIONS AND MODIFICATIONS
- SECTION 340 EXEMPTION ORDERS - COMPANIES, REGISTERED SCHEMES, REGISTRABLE SUPERANNUATION ENTITIES AND DISCLOSING ENTITIES
- SECTION 340A EXEMPTION ORDERS - NOTIFIED FOREIGN PASSPORT FUNDS
- SECTION 341 EXEMPTION ORDERS - CLASS ORDERS FOR COMPANIES, REGISTERED SCHEMES, REGISTRABLE SUPERANNUATION ENTITIES AND DISCLOSING ENTITIES
- SECTION 341A EXEMPTION ORDERS - CLASS ORDERS FOR NOTIFIED FOREIGN PASSPORT FUNDS
- SECTION 342 EXEMPTION ORDERS - CRITERIA FOR ORDERS FOR COMPANIES, REGISTERED SCHEMES, REGISTRABLE SUPERANNUATION ENTITIES, NOTIFIED FOREIGN PASSPORT FUNDS AND DISCLOSING ENTITIES
- SECTION 342AA EXEMPTION ORDERS - NON-AUDITOR MEMBERS AND FORMER MEMBERS OF AUDIT FIRMS; FORMER EMPLOYEES OF AUDIT COMPANIES
- SECTION 342AB EXEMPTION ORDERS - CLASS ORDERS FOR NON-AUDITOR MEMBERS ETC.
- SECTION 342AC EXEMPTION ORDERS - CRITERIA FOR ORDERS FOR NON-AUDITOR MEMBERS ETC.
- SECTION 342A ASIC ' S POWER TO MODIFY THE OPERATION OF SECTION 324DA
- SECTION 342B AUDITOR TO NOTIFY COMPANY, REGISTERED SCHEME OR REGISTRABLE SUPERANNUATION ENTITY OF SECTION 342A DECLARATION
- SECTION 343 MODIFICATION BY REGULATIONS
- SECTION 343A MINISTER MAY APPLY THE CHAPTER TO NOTIFIED FOREIGN PASSPORT FUNDS
- PART 2M.7 - SANCTIONS FOR CONTRAVENTIONS OF CHAPTER
- SECTION 344 CONTRAVENTION OF PART 2M.2 OR 2M.3, OR OF CERTAIN PROVISIONS OF PART 2M.4
- PART 2M.8 - ADDITIONAL PROVISIONS RELATING TO REGISTRABLE SUPERANNUATION ENTITIES
- SECTION 345AAA OBLIGATIONS OF REGISTRABLE SUPERANNUATION ENTITIES
- SECTION 345AAB NOTICES ETC. GIVEN TO RSE LICENSEES
- SECTION 345AAC DIRECTORS OF REGISTRABLE SUPERANNUATION ENTITIES
- SECTION 345AAD OFFICERS OF REGISTRABLE SUPERANNUATION ENTITIES
- CHAPTER 2N - UPDATING ASIC INFORMATION ABOUT COMPANIES, REGISTERED SCHEMES AND NOTIFIED FOREIGN PASSPORT FUNDS
- PART 2N.1 - REVIEW DATE
- SECTION 345A MEANING OF REVIEW DATE
- SECTION 345B COMPANY, RESPONSIBLE ENTITY OR OPERATOR MAY CHANGE REVIEW DATE
- SECTION 345C WHEN CHOICE HAS EFFECT
- PART 2N.2 - EXTRACT OF PARTICULARS
- SECTION 346A ASIC MUST GIVE AN EXTRACT OF PARTICULARS EACH YEAR
- SECTION 346B ASIC MAY ASK QUESTIONS
- SECTION 346C REQUIREMENTS IN RELATION TO AN EXTRACT OF PARTICULARS
- PART 2N.3 - SOLVENCY RESOLUTION
- SECTION 347A DIRECTORS MUST PASS A SOLVENCY RESOLUTION AFTER EACH REVIEW DATE
- SECTION 347B NOTICE TO ASIC
- SECTION 347C PAYMENT OF REVIEW FEE IS TAKEN TO BE A REPRESENTATION BY THE DIRECTORS THAT THE COMPANY IS SOLVENT
- PART 2N.4 - RETURN OF PARTICULARS
- SECTION 348A ASIC MAY GIVE A RETURN OF PARTICULARS
- SECTION 348B ASIC MAY ASK QUESTIONS
- SECTION 348C ASIC MAY REQUIRE A SOLVENCY RESOLUTION AND STATEMENT
- SECTION 348D GENERAL REQUIREMENTS IN RELATION TO A RETURN OF PARTICULARS
- PART 2N.5 - NOTICE BY PROPRIETARY COMPANIES OF CHANGES TO ULTIMATE HOLDING COMPANY
- SECTION 349A PROPRIETARY COMPANIES MUST NOTIFY ASIC OF CHANGES TO ULTIMATE HOLDING COMPANY
- SECTION 349B ANOTHER COMPANY BECOMES AN ULTIMATE HOLDING COMPANY
- SECTION 349C A COMPANY CEASES TO BE AN ULTIMATE HOLDING COMPANY
- SECTION 349D ULTIMATE HOLDING COMPANY CHANGES ITS NAME
- CHAPTER 2P - LODGMENTS WITH ASIC
- SECTION 350 FORMS FOR DOCUMENTS TO BE LODGED WITH ASIC
- SECTION 351 SIGNING DOCUMENTS LODGED WITH ASIC
- SECTION 352 DOCUMENTS LODGED WITH ASIC ELECTRONICALLY
- SECTION 353 ELECTRONIC LODGMENT OF CERTAIN DOCUMENTS
- SECTION 354 TELEPHONE NOTICE OF CERTAIN CHANGES
- CHAPTER 5 - EXTERNAL ADMINISTRATION
- PART 5.1 - ARRANGEMENTS AND RECONSTRUCTIONS
- SECTION 410 INTERPRETATION
- SECTION 411 ADMINISTRATION OF COMPROMISES ETC.
- SECTION 412 INFORMATION AS TO COMPROMISE WITH CREDITORS
- SECTION 413 PROVISIONS FOR FACILITATING RECONSTRUCTION AND AMALGAMATION OF PART 5.1 BODIES
- SECTION 414 ACQUISITION OF SHARES OF SHAREHOLDERS DISSENTING FROM SCHEME OR CONTRACT APPROVED BY MAJORITY
- SECTION 415 NOTIFICATION OF APPOINTMENT OF SCHEME MANAGER AND POWER OF COURT TO REQUIRE REPORT
- SECTION 415A OUTCOME OF VOTING AT CREDITORS ' MEETING DETERMINED BY RELATED ENTITY - COURT POWERS
- SECTION 415B INTERIM ORDER ON APPLICATION UNDER SECTION 415A
- SECTION 415C ORDER UNDER SECTION 415A DOES NOT AFFECT ACT ALREADY DONE PURSUANT TO RESOLUTION
- SECTION 415D STAY ON ENFORCING RIGHTS MERELY BECAUSE OF A PROCEEDING UNDER THIS PART ETC.
- SECTION 415E LIFTING THE STAY
- SECTION 415F ORDER FOR RIGHTS TO BE ENFORCEABLE ONLY WITH LEAVE OF THE COURT
- SECTION 415FA SELF-EXECUTING PROVISIONS
- SECTION 415G WHEN OTHER LAWS PREVAIL - CERTAIN OTHER COMMONWEALTH ACTS
- PART 5.2 - RECEIVERS, AND OTHER CONTROLLERS, OF PROPERTY OF CORPORATIONS
- SECTION 416 MEANING OF PROPERTY AND RECEIVER
- SECTION 417 APPLICATION OF PART
- SECTION 418 PERSONS NOT TO ACT AS RECEIVERS
- SECTION 418A COURT MAY DECLARE WHETHER CONTROLLER IS VALIDLY ACTING
- SECTION 419 LIABILITY OF CONTROLLER
- SECTION 419A LIABILITY OF CONTROLLER UNDER PRE-EXISTING AGREEMENT ABOUT PROPERTY USED BY CORPORATION
- SECTION 420 POWERS OF RECEIVER
- SECTION 420A CONTROLLER'S DUTY OF CARE IN EXERCISING POWER OF SALE
- SECTION 420B COURT MAY AUTHORISE MANAGING CONTROLLER TO DISPOSE OF PROPERTY DESPITE PRIOR SECURITY INTEREST
- SECTION 420C RECEIVER'S POWER TO CARRY ON CORPORATION'S BUSINESS DURING WINDING UP
- SECTION 421 MANAGING CONTROLLER'S DUTIES IN RELATION TO BANK ACCOUNTS AND FINANCIAL RECORDS
- SECTION 421A MANAGING CONTROLLER TO REPORT WITHIN 2 MONTHS ABOUT CORPORATION'S AFFAIRS
- SECTION 422 REPORTS BY RECEIVER OR MANAGING CONTROLLER
- SECTION 422A ANNUAL RETURN BY CONTROLLER
- SECTION 422B END OF CONTROL RETURN
- SECTION 422C TRANSFER OF BOOKS TO NEW CONTROLLER
- SECTION 422D TRANSFER OF BOOKS TO ASIC ETC.
- SECTION 423 SUPERVISION OF CONTROLLER
- SECTION 424 CONTROLLER MAY APPLY TO COURT
- SECTION 425 COURT ' S POWER TO FIX RECEIVER ' S REMUNERATION
- SECTION 426 CONTROLLER HAS QUALIFIED PRIVILEGE IN CERTAIN CASES
- SECTION 427 NOTIFICATION OF MATTERS RELATING TO CONTROLLER
- SECTION 428 STATEMENT THAT RECEIVER APPOINTED OR OTHER CONTROLLER ACTING
- SECTION 429 REPORTING OFFICERS TO REPORT TO CONTROLLER ABOUT CORPORATION ' S AFFAIRS
- SECTION 429A SPECIAL RULES FOR SCHEME PROPERTY
- SECTION 430 CONTROLLER MAY REQUIRE REPORTS
- SECTION 431 CONTROLLER MAY INSPECT BOOKS
- SECTION 432 AUDITING RETURNS BY CONTROLLERS
- SECTION 433 PROPERTY SUBJECT TO CIRCULATING SECURITY INTEREST - PAYMENT OF CERTAIN DEBTS TO HAVE PRIORITY
- SECTION 434 ENFORCING CONTROLLER ' S DUTY TO MAKE RETURNS
- SECTION 434A COURT MAY REMOVE CONTROLLER FOR MISCONDUCT
- SECTION 434B COURT MAY REMOVE REDUNDANT CONTROLLER
- SECTION 434C EFFECT OF SECTIONS 434A AND 434B
- SECTION 434D APPOINTMENT OF 2 OR MORE RECEIVERS OF PROPERTY OF A CORPORATION
- SECTION 434E APPOINTMENT OF 2 OR MORE RECEIVERS AND MANAGERS OF PROPERTY OF A CORPORATION
- SECTION 434F APPOINTMENT OF 2 OR MORE CONTROLLERS OF PROPERTY OF A CORPORATION
- SECTION 434G APPOINTMENT OF 2 OR MORE MANAGING CONTROLLERS OF PROPERTY OF A CORPORATION
- SECTION 434H REGULATIONS MAY PROVIDE FOR REPORTING TO ASIC
- SECTION 434J STAY ON ENFORCING RIGHTS MERELY BECAUSE OF THE APPOINTMENT OF A MANAGING CONTROLLER OF A CORPORATION ' S PROPERTY ETC.
- SECTION 434K LIFTING THE STAY
- SECTION 434L ORDER FOR RIGHTS TO BE ENFORCEABLE ONLY WITH LEAVE OF THE COURT
- SECTION 434LA SELF-EXECUTING PROVISIONS
- SECTION 434M WHEN OTHER LAWS PREVAIL - CERTAIN OTHER COMMONWEALTH ACTS
- PART 5.3A - ADMINISTRATION OF A COMPANY ' S AFFAIRS WITH A VIEW TO EXECUTING A DEED OF COMPANY ARRANGEMENT
- Division 1 - Preliminary
- SECTION 435A OBJECT OF PART
- SECTION 435B MEANING OF PROPERTY AND RECEIVER
- SECTION 435C WHEN ADMINISTRATION BEGINS AND ENDS
- Division 2 - Appointment of administrator and first meeting of creditors
- SECTION 436A COMPANY MAY APPOINT ADMINISTRATOR IF BOARD THINKS IT IS OR WILL BECOME INSOLVENT
- SECTION 436B LIQUIDATOR MAY APPOINT ADMINISTRATOR
- SECTION 436C SECURED PARTY MAY APPOINT ADMINISTRATOR
- SECTION 436D COMPANY ALREADY UNDER ADMINISTRATION
- SECTION 436DA DECLARATIONS BY ADMINISTRATOR - INDEMNITIES AND RELEVANT RELATIONSHIPS
- SECTION 436E PURPOSE AND TIMING OF FIRST MEETING OF CREDITORS
- SECTION 436F FUNCTIONS OF COMMITTEE OF CREDITORS
- SECTION 436G MEMBERSHIP OF COMMITTEE
- Division 3 - Administrator assumes control of company's affairs
- SECTION 437A ROLE OF ADMINISTRATOR
- SECTION 437B ADMINISTRATOR ACTS AS COMPANY'S AGENT
- SECTION 437C POWERS OF OTHER OFFICERS SUSPENDED
- SECTION 437D ONLY ADMINISTRATOR CAN DEAL WITH COMPANY'S PROPERTY
- SECTION 437E ORDER FOR COMPENSATION WHERE OFFICER INVOLVED IN VOID TRANSACTION
- SECTION 437F EFFECT OF ADMINISTRATION ON COMPANY'S MEMBERS
- Division 4 - Administrator investigates company's affairs
- SECTION 438A ADMINISTRATOR TO INVESTIGATE AFFAIRS AND CONSIDER POSSIBLE COURSES OF ACTION
- SECTION 438B DIRECTORS TO HELP ADMINISTRATOR
- SECTION 438C ADMINISTRATOR'S RIGHTS TO COMPANY'S BOOKS
- SECTION 438D REPORTS BY ADMINISTRATOR
- SECTION 438E ADMINISTRATOR ' S ACCOUNTS
- Division 5 - Meeting of creditors decides company's future
- SECTION 439A ADMINISTRATOR TO CONVENE MEETING AND INFORM CREDITORS
- SECTION 439B CONDUCT OF MEETING
- SECTION 439C WHAT CREDITORS MAY DECIDE
- Division 6 - Protection of company's property during administration
- SECTION 440A WINDING UP COMPANY
- SECTION 440B RESTRICTIONS ON EXERCISE OF THIRD PARTY PROPERTY RIGHTS
- SECTION 440BA LIENS AND PLEDGES
- SECTION 440BB DISTRESS FOR RENT MUST NOT BE CARRIED OUT
- SECTION 440C OWNER OR LESSOR CANNOT RECOVER PROPERTY USED BY COMPANY
- SECTION 440D STAY OF PROCEEDINGS
- SECTION 440E ADMINISTRATOR NOT LIABLE IN DAMAGES FOR REFUSING CONSENT
- SECTION 440F SUSPENSION OF ENFORCEMENT PROCESS
- SECTION 440G DUTIES OF COURT OFFICER IN RELATION TO PROPERTY OF COMPANY
- SECTION 440H LIS PENDENS TAKEN TO EXIST
- SECTION 440J ADMINISTRATION NOT TO TRIGGER LIABILITY OF DIRECTOR OR RELATIVE UNDER GUARANTEE OF COMPANY'S LIABILITY
- SECTION 440JA PROPERTY SUBJECT TO A BANKER ' S LIEN - EXEMPTION FROM THIS DIVISION
- Division 7 - Rights of secured party, owner or lessor
- Subdivision A - General
- SECTION 441 APPLICATION OF DIVISION
- Subdivision B - Property subject to security interests
- SECTION 441AA APPLICATION OF SUBDIVISION - PPSA SECURITY INTERESTS
- SECTION 441A SECURED PARTY ACTS BEFORE OR DURING DECISION PERIOD
- SECTION 441B WHERE ENFORCEMENT OF SECURITY INTEREST BEGINS BEFORE ADMINISTRATION
- SECTION 441C SECURITY INTEREST IN PERISHABLE PROPERTY
- SECTION 441D COURT MAY LIMIT POWERS OF SECURED PARTY ETC. IN RELATION TO SECURED PROPERTY
- SECTION 441E GIVING A NOTICE UNDER A SECURITY AGREEMENT ETC.
- SECTION 441EA SALE OF PROPERTY SUBJECT TO A POSSESSORY SECURITY INTEREST
- Subdivision C - Property not subject to security interests
- SECTION 441EB SCOPE OF SUBDIVISION
- SECTION 441F WHERE RECOVERY OF PROPERTY BEGINS BEFORE ADMINISTRATION
- SECTION 441G RECOVERING PERISHABLE PROPERTY
- SECTION 441H COURT MAY LIMIT POWERS OF RECEIVER ETC. IN RELATION TO PROPERTY USED BY COMPANY
- SECTION 441J GIVING A NOTICE UNDER AN AGREEMENT ABOUT PROPERTY
- SECTION 441JA SALE OF PROPERTY SUBJECT TO A LIEN OR PLEDGE
- SECTION 441K EFFECT OF DIVISION
- Division 8 - Powers of administrator
- SECTION 442A ADDITIONAL POWERS OF ADMINISTRATOR
- SECTION 442B DEALING WITH PROPERTY SUBJECT TO CIRCULATING SECURITY INTERESTS
- SECTION 442C WHEN ADMINISTRATOR MAY DISPOSE OF ENCUMBERED PROPERTY
- SECTION 442CA PROPERTY SUBJECT TO A POSSESSORY SECURITY INTEREST - INSPECTION OR EXAMINATION BY POTENTIAL PURCHASERS ETC.
- SECTION 442CB PROPERTY SUBJECT TO A SECURITY INTEREST OR TO A RETENTION OF TITLE CLAUSE - ADMINISTRATOR ' S DUTY OF CARE IN EXERCISING POWER OF SALE
- SECTION 442CC PROCEEDS OF SALE OF PROPERTY
- SECTION 442D ADMINISTRATOR ' S POWERS SUBJECT TO POWERS OF SECURED PARTY, RECEIVER OR CONTROLLER
- SECTION 442E ADMINISTRATOR HAS QUALIFIED PRIVILEGE
- SECTION 442F PROTECTION OF PERSONS DEALING WITH ADMINISTRATOR
- Division 9 - Administrator's liability and indemnity for debts of administration
- Subdivision A - Liability
- SECTION 443A GENERAL DEBTS
- SECTION 443B PAYMENTS FOR PROPERTY USED OR OCCUPIED BY, OR IN THE POSSESSION OF, THE COMPANY
- SECTION 443BA CERTAIN TAXATION LIABILITIES
- SECTION 443C ADMINISTRATOR NOT OTHERWISE LIABLE FOR COMPANY'S DEBTS
- Subdivision B - Indemnity
- SECTION 443D RIGHT OF INDEMNITY
- SECTION 443E RIGHT OF INDEMNITY HAS PRIORITY OVER OTHER DEBTS
- SECTION 443F LIEN TO SECURE INDEMNITY
- Division 10 - Execution and effect of deed of company arrangement
- SECTION 444A EFFECT OF CREDITORS' RESOLUTION
- SECTION 444B EXECUTION OF DEED
- SECTION 444C CREDITOR ETC. NOT TO ACT INCONSISTENTLY WITH DEED BEFORE ITS EXECUTION
- SECTION 444D EFFECT OF DEED ON CREDITORS
- SECTION 444DA GIVING PRIORITY TO ELIGIBLE EMPLOYEE CREDITORS
- SECTION 444DB SUPERANNUATION CONTRIBUTION DEBTS NOT ADMISSIBLE TO PROOF
- SECTION 444E PROTECTION OF COMPANY ' S PROPERTY FROM PERSONS BOUND BY DEED
- SECTION 444F COURT MAY LIMIT RIGHTS OF SECURED CREDITOR OR OWNER OR LESSOR
- SECTION 444G EFFECT OF DEED ON COMPANY, OFFICERS AND MEMBERS
- SECTION 444GA TRANSFER OF SHARES
- SECTION 444H EXTENT OF RELEASE OF COMPANY'S DEBTS
- SECTION 444J GUARANTEES AND INDEMNITIES
- Division 11 - Variation, termination and avoidance of deed
- SECTION 445A VARIATION OF DEED BY CREDITORS
- SECTION 445B COURT MAY CANCEL VARIATION
- SECTION 445C WHEN DEED TERMINATES
- SECTION 445CA WHEN CREDITORS MAY TERMINATE DEED
- SECTION 445D WHEN COURT MAY TERMINATE DEED
- SECTION 445E CREDITORS MAY TERMINATE DEED AND RESOLVE THAT COMPANY BE WOUND UP
- SECTION 445F MEETING OF CREDITORS TO CONSIDER PROPOSED VARIATION OR TERMINATION OF DEED
- SECTION 445FA NOTICE OF TERMINATION OF DEED
- SECTION 445G WHEN COURT MAY VOID OR VALIDATE DEED
- SECTION 445H EFFECT OF TERMINATION OR AVOIDANCE
- Division 11AA - Notification of contravention of deed
- SECTION 445HA NOTIFICATION OF CONTRAVENTION OF DEED OF COMPANY ARRANGEMENT
- Division 11A - Deed administrator ' s accounts [ CCH Note: Regulation 10.25.02(3)(g) (which was effective 1 March 2017) provides that the amendments made by No 11 of 2016, s 3, Sch 2[124] apply in relation to external administrations on and after 1 September 2017.] [ CCH Note : The next section is s 446A.]
- Division 12 - Transition to creditors ' voluntary winding up
- SECTION 446A ADMINISTRATOR BECOMES LIQUIDATOR IN CERTAIN CASES
- SECTION 446AA ADMINISTRATOR BECOMES LIQUIDATOR - ADDITIONAL CASES
- SECTION 446B REGULATIONS MAY PROVIDE FOR TRANSITION IN OTHER CASES
- SECTION 446C LIQUIDATOR MAY REQUIRE SUBMISSION OF A REPORT ABOUT THE COMPANY ' S AFFAIRS
- Division 13 - Powers of Court
- SECTION 447A GENERAL POWER TO MAKE ORDERS
- SECTION 447B ORDERS TO PROTECT CREDITORS DURING ADMINISTRATION
- SECTION 447C COURT MAY DECLARE WHETHER ADMINISTRATOR VALIDLY APPOINTED
- SECTION 447D ADMINISTRATOR MAY SEEK DIRECTIONS
- SECTION 447E SUPERVISION OF ADMINISTRATOR OF COMPANY OR DEED
- SECTION 447F EFFECT OF DIVISION
- Division 14 - Qualifications of administrators
- SECTION 448A APPOINTEE MUST CONSENT
- SECTION 448B ADMINISTRATOR MUST BE REGISTERED LIQUIDATOR
- SECTION 448C DISQUALIFICATION OF PERSON CONNECTED WITH COMPANY
- SECTION 448D DISQUALIFICATION OF INSOLVENT UNDER ADMINISTRATION
- Division 15 - Removal and replacement of administrator
- SECTION 449A APPOINTMENT OF ADMINISTRATOR CANNOT BE REVOKED
- SECTION 449B COURT MAY REMOVE ADMINISTRATOR
- SECTION 449C VACANCY IN OFFICE OF ADMINISTRATOR OF COMPANY
- SECTION 449CA DECLARATIONS BY ADMINISTRATOR - INDEMNITIES AND RELEVANT RELATIONSHIPS
- SECTION 449D VACANCY IN OFFICE OF ADMINISTRATOR OF DEED OF COMPANY ARRANGEMENT
- SECTION 449E REMUNERATION OF ADMINISTRATOR
- Division 16 - Notices about steps taken under Part
- SECTION 450A APPOINTMENT OF ADMINISTRATOR
- SECTION 450B EXECUTION OF DEED OF COMPANY ARRANGEMENT
- SECTION 450C FAILURE TO EXECUTE DEED OF COMPANY ARRANGEMENT
- SECTION 450D TERMINATION OF DEED OF COMPANY ARRANGEMENT
- SECTION 450E NOTICE IN PUBLIC DOCUMENTS ETC. OF COMPANY
- SECTION 450F EFFECT OF CONTRAVENTION OF THIS DIVISION
- Division 17 - Miscellaneous
- SECTION 451A APPOINTMENT OF 2 OR MORE ADMINISTRATORS OF COMPANY
- SECTION 451B APPOINTMENT OF 2 OR MORE ADMINISTRATORS OF DEED OF COMPANY ARRANGEMENT
- SECTION 451C EFFECT OF THINGS DONE DURING ADMINISTRATION OF COMPANY
- SECTION 451D TIME FOR DOING ACT DOES NOT RUN WHILE ACT PREVENTED BY THIS PART
- SECTION 451E STAY ON ENFORCING RIGHTS MERELY BECAUSE THE COMPANY IS UNDER ADMINISTRATION ETC.
- SECTION 451F LIFTING THE STAY
- SECTION 451G ORDER FOR RIGHTS TO BE ENFORCEABLE ONLY WITH LEAVE OF THE COURT
- SECTION 451GA SELF-EXECUTING PROVISIONS
- SECTION 451H WHEN OTHER LAWS PREVAIL - CERTAIN OTHER COMMONWEALTH ACTS
- PART 5.3B - RESTRUCTURING OF A COMPANY
- Division 1 - Preliminary
- SECTION 452A OBJECT OF THIS PART
- SECTION 452B MEANING OF PROPERTY
- Division 2 - Restructuring
- Subdivision A - When restructuring begins and ends
- SECTION 453A MEANING OF RESTRUCTURING
- Subdivision B - Appointment of restructuring practitioner
- SECTION 453B APPOINTING A RESTRUCTURING PRACTITIONER
- SECTION 453C ELIGIBILITY CRITERIA FOR RESTRUCTURING
- SECTION 453D DECLARATION BY RESTRUCTURING PRACTITIONER - RELEVANT RELATIONSHIPS
- Subdivision C - Role of the restructuring practitioner during restructuring
- SECTION 453E FUNCTIONS, DUTIES AND POWERS OF THE RESTRUCTURING PRACTITIONER
- SECTION 453F DIRECTORS TO HELP RESTRUCTURING PRACTITIONER
- SECTION 453G RESTRUCTURING PRACTITIONER ' S RIGHT TO INSPECT BOOKS HELD BY OTHER PERSONS
- SECTION 453H RESTRUCTURING PRACTITIONER ACTS AS COMPANY ' S AGENT
- SECTION 453J RESTRUCTURING PRACTITIONER MAY TERMINATE RESTRUCTURING
- Subdivision D - Conduct of company during restructuring
- SECTION 453K CONTROL OF COMPANY UNDER RESTRUCTURING
- SECTION 453L CONDUCTING THE BUSINESS OF THE COMPANY DURING RESTRUCTURING
- SECTION 453M ORDER FOR COMPENSATION WHERE DIRECTOR INVOLVED IN VOID TRANSACTION
- SECTION 453N EFFECT OF THINGS DONE DURING RESTRUCTURING OF COMPANY
- SECTION 453P EFFECT OF RESTRUCTURING ON COMPANY ' S MEMBERS
- Subdivision E - Effect on company etc. during restructuring
- SECTION 453Q WINDING UP COMPANY
- SECTION 453R RESTRICTIONS ON EXERCISE OF THIRD PARTY PROPERTY RIGHTS
- SECTION 453S STAY OF PROCEEDINGS
- SECTION 453T SUSPENSION OF ENFORCEMENT PROCESS
- SECTION 453U DUTIES OF COURT OFFICER IN RELATION TO PROPERTY OF COMPANY
- SECTION 453V LIS PENDENS TAKEN TO EXIST
- SECTION 453W RESTRUCTURING NOT TO TRIGGER LIABILITY OF DIRECTOR OR RELATIVE UNDER GUARANTEE OF COMPANY ' S LIABILITY
- SECTION 453X PROPERTY SUBJECT TO A BANKER ' S LIEN - EXEMPTION FROM THIS SUBDIVISION
- Subdivision F - Rights of secured party, owner or lessor during restructuring
- SECTION 454A APPLICATION OF SUBDIVISION
- SECTION 454B APPLICATION OF SECTIONS 454C TO 454H - PPSA SECURITY INTERESTS
- SECTION 454C SECURED PARTY ACTS BEFORE OR DURING DECISION PERIOD
- SECTION 454D WHERE ENFORCEMENT OF SECURITY INTEREST BEGINS BEFORE RESTRUCTURING
- SECTION 454E SECURITY INTEREST IN PERISHABLE PROPERTY
- SECTION 454F COURT MAY LIMIT POWERS OF SECURED PARTY ETC. IN RELATION TO SECURED PROPERTY
- SECTION 454G GIVING A NOTICE UNDER A SECURITY AGREEMENT ETC.
- SECTION 454H SALE OF PROPERTY SUBJECT TO A POSSESSORY SECURITY INTEREST
- SECTION 454J SCOPE OF SECTIONS 454K TO 454M
- SECTION 454K WHERE RECOVERY OF PROPERTY BEGINS BEFORE RESTRUCTURING
- SECTION 454L RECOVERING PERISHABLE PROPERTY
- SECTION 454M COURT MAY LIMIT POWERS OF RECEIVER ETC. IN RELATION TO PROPERTY USED BY COMPANY
- Subdivision G - Enforcement rights triggered by restructuring
- SECTION 454N STAY ON ENFORCING RIGHTS MERELY BECAUSE THE COMPANY IS UNDER RESTRUCTURING ETC.
- SECTION 454P LIFTING THE STAY ON ENFORCING RIGHTS
- SECTION 454Q ORDER FOR RIGHTS TO BE ENFORCEABLE ONLY WITH LEAVE OF THE COURT
- SECTION 454R SELF-EXECUTING PROVISIONS
- SECTION 454S WHEN OTHER LAWS PREVAIL - CERTAIN OTHER COMMONWEALTH ACTS
- Division 3 - Restructuring plan
- SECTION 455A PROPOSING A RESTRUCTURING PLAN
- SECTION 455B RESTRUCTURING PLAN
- Division 4 - The restructuring practitioner
- Subdivision A - Qualifications of restructuring practitioners
- SECTION 456A APPOINTEE MUST CONSENT
- SECTION 456B RESTRUCTURING PRACTITIONER MUST BE REGISTERED LIQUIDATOR
- SECTION 456C DISQUALIFICATION OF PERSON CONNECTED WITH COMPANY
- Subdivision B - Removal and replacement of restructuring practitioner
- SECTION 456D APPOINTMENT OF RESTRUCTURING PRACTITIONER CANNOT BE REVOKED
- SECTION 456E VACANCY IN OFFICE OF RESTRUCTURING PRACTITIONER FOR COMPANY
- SECTION 456F DECLARATIONS BY REPLACEMENT RESTRUCTURING PRACTITIONER - RELEVANT RELATIONSHIPS
- Subdivision C - Rights, obligations and liabilities in relation to the restructuring practitioner
- SECTION 456G RIGHTS, OBLIGATIONS AND LIABILITIES OF A COMPANY AND ITS OFFICERS IN RELATION TO THE RESTRUCTURING PRACTITIONER
- SECTION 456H NO LIABILITY FOR CONSENT ETC.
- SECTION 456J RIGHT OF INDEMNITY
- SECTION 456K RIGHT OF INDEMNITY HAS PRIORITY OVER OTHER DEBTS
- SECTION 456L LIEN TO SECURE INDEMNITY
- SECTION 456LA RESTRUCTURING PRACTITIONER HAS QUALIFIED PRIVILEGE
- SECTION 456LB PROTECTION OF PERSONS DEALING WITH RESTRUCTURING PRACTITIONER
- Subdivision D - Appointment of 2 or more restructuring practitioners
- SECTION 456M APPOINTMENT OF 2 OR MORE RESTRUCTURING PRACTITIONERS OF COMPANY
- SECTION 456N APPOINTMENT OF 2 OR MORE RESTRUCTURING PRACTITIONERS OF RESTRUCTURING PLAN
- Division 5 - Information, reports, documents etc.
- SECTION 457A REGULATIONS MAY DEAL WITH INFORMATION ETC.
- SECTION 457B NOTICE IN PUBLIC DOCUMENTS OF COMPANY
- SECTION 457C EFFECT OF CONTRAVENTION OF THIS DIVISION
- Division 6 - Powers of Court
- SECTION 458A GENERAL POWER TO MAKE ORDERS
- SECTION 458B OTHER POWERS OF THE COURT
- Division 7 - Other matters
- SECTION 458C TIME FOR DOING ACT DOES NOT RUN WHILE ACT PREVENTED BY THIS PART
- SECTION 458D MEANING OF RESTRUCTURING RELIEF PERIOD
- SECTION 458E MEANING OF ELIGIBLE FOR TEMPORARY RESTRUCTURING RELIEF
- SECTION 458F DIRECTORS DECLARE COMPANY NOT ELIGIBLE FOR TEMPORARY RESTRUCTURING RELIEF
- SECTION 458G COURT ORDER THAT COMPANY NOT ELIGIBLE FOR TEMPORARY RESTRUCTURING RELIEF
- SECTION 458H OBLIGATION ON REGISTERED LIQUIDATOR TO REPORT
- PART 5.4 - WINDING UP IN INSOLVENCY
- Division 1 - When company to be wound up in insolvency
- SECTION 459A ORDER THAT INSOLVENT COMPANY BE WOUND UP IN INSOLVENCY
- SECTION 459B ORDER MADE ON APPLICATION UNDER SECTION 234, 462 OR 464
- SECTION 459C PRESUMPTIONS TO BE MADE IN CERTAIN PROCEEDINGS
- SECTION 459D CONTINGENT OR PROSPECTIVE LIABILITY RELEVANT TO WHETHER COMPANY SOLVENT
- Division 2 - Statutory demand
- SECTION 459E CREDITOR MAY SERVE STATUTORY DEMAND ON COMPANY
- SECTION 459F WHEN COMPANY TAKEN TO FAIL TO COMPLY WITH STATUTORY DEMAND
- Division 3 - Application to set aside statutory demand
- SECTION 459G COMPANY MAY APPLY
- SECTION 459H DETERMINATION OF APPLICATION WHERE THERE IS A DISPUTE OR OFFSETTING CLAIM
- SECTION 459J SETTING ASIDE DEMAND ON OTHER GROUNDS
- SECTION 459K EFFECT OF ORDER SETTING ASIDE DEMAND
- SECTION 459L DISMISSAL OF APPLICATION
- SECTION 459M ORDER SUBJECT TO CONDITIONS
- SECTION 459N COSTS WHERE COMPANY SUCCESSFUL
- Division 4 - Application for order to wind up company in insolvency
- SECTION 459P WHO MAY APPLY FOR ORDER UNDER SECTION 459A
- SECTION 459Q APPLICATION RELYING ON FAILURE TO COMPLY WITH STATUTORY DEMAND
- SECTION 459R PERIOD WITHIN WHICH APPLICATION MUST BE DETERMINED
- SECTION 459S COMPANY MAY NOT OPPOSE APPLICATION ON CERTAIN GROUNDS
- SECTION 459T APPLICATION TO WIND UP JOINT DEBTORS IN INSOLVENCY
- PART 5.4A - WINDING UP BY THE COURT ON OTHER GROUNDS
- SECTION 461 GENERAL GROUNDS ON WHICH COMPANY MAY BE WOUND UP BY COURT
- SECTION 462 STANDING TO APPLY FOR WINDING UP
- SECTION 464 APPLICATION FOR WINDING UP IN CONNECTION WITH INVESTIGATION UNDER ASIC ACT
- PART 5.4B - WINDING UP IN INSOLVENCY OR BY THE COURT
- Division 1AA - Preliminary
- SECTION 465 MEANING OF PROPERTY
- Division 1 - General
- SECTION 465A NOTICE OF APPLICATION
- SECTION 465B SUBSTITUTION OF APPLICANTS
- SECTION 465C APPLICANT TO BE GIVEN NOTICE OF GROUNDS FOR OPPOSING APPLICATION
- SECTION 466 PAYMENT OF PRELIMINARY COSTS ETC.
- SECTION 467 COURT ' S POWERS ON HEARING APPLICATION
- SECTION 467A EFFECT OF DEFECT OR IRREGULARITY ON APPLICATION UNDER PART 5.4 OR 5.4A
- SECTION 467B COURT MAY ORDER WINDING UP OF COMPANY THAT IS BEING WOUND UP VOLUNTARILY
- SECTION 468 AVOIDANCE OF DISPOSITIONS OF PROPERTY, ATTACHMENTS ETC.
- SECTION 468A EFFECT OF WINDING UP ON COMPANY ' S MEMBERS
- SECTION 469 APPLICATION TO BE LIS PENDENS
- SECTION 470 CERTAIN NOTICES TO BE LODGED
- Division 1A - Effect of winding up order
- SECTION 471 EFFECT ON CREDITORS AND CONTRIBUTORIES
- SECTION 471A POWERS OF OTHER OFFICERS SUSPENDED DURING WINDING UP
- SECTION 471B STAY OF PROCEEDINGS AND SUSPENSION OF ENFORCEMENT PROCESS
- SECTION 471C SECURED CREDITOR ' S RIGHTS NOT AFFECTED
- Division 2 - Court-appointed liquidators
- SECTION 472 COURT TO APPOINT REGISTERED LIQUIDATOR
- SECTION 473 RESIGNATION OF LIQUIDATORS
- SECTION 473A VACANCIES IN OFFICE OF COURT-APPOINTED LIQUIDATOR
- SECTION 474 CUSTODY AND VESTING OF COMPANY ' S PROPERTY
- SECTION 475 REPORT AS TO COMPANY'S AFFAIRS TO BE SUBMITTED TO LIQUIDATOR
- SECTION 476 PRELIMINARY REPORT BY LIQUIDATOR
- SECTION 477 POWERS OF LIQUIDATOR
- SECTION 478 APPLICATION OF PROPERTY; LIST OF CONTRIBUTORIES
- SECTION 479 EXERCISE AND CONTROL OF LIQUIDATOR ' S POWERS
- SECTION 480 RELEASE OF LIQUIDATOR AND DEREGISTRATION OF COMPANY
- SECTION 481 ORDERS FOR RELEASE OR DEREGISTRATION
- Division 3 - General powers of Court
- Subdivision A - General powers
- SECTION 482 POWER TO STAY OR TERMINATE WINDING UP
- SECTION 483 DELIVERY OF PROPERTY TO LIQUIDATOR
- SECTION 484 APPOINTMENT OF SPECIAL MANAGER
- SECTION 485 CLAIMS OF CREDITORS AND DISTRIBUTION OF PROPERTY
- SECTION 486 INSPECTION OF BOOKS BY CREDITORS AND CONTRIBUTORIES
- SECTION 486A COURT MAY MAKE ORDER TO PREVENT OFFICER OR RELATED ENTITY FROM AVOIDING LIABILITY TO COMPANY
- SECTION 486B WARRANT TO ARREST PERSON WHO IS ABSCONDING, OR WHO HAS DEALT WITH PROPERTY OR BOOKS, IN ORDER TO AVOID OBLIGATIONS IN CONNECTION WITH WINDING UP
- SECTION 487 POWER TO ARREST ABSCONDING CONTRIBUTORY
- SECTION 488 DELEGATION TO LIQUIDATOR OF CERTAIN POWERS OF COURT
- SECTION 489 POWERS OF COURT CUMULATIVE
- Subdivision B - Procedures relating to section 486B warrants
- SECTION 489A ARREST OF PERSON SUBJECT TO WARRANT
- SECTION 489B PROCEDURE AFTER ARREST
- SECTION 489C PROCEDURE ON REMAND ON BAIL
- SECTION 489D COURT ' S POWER TO MAKE ORDERS UNDER OTHER PROVISIONS
- SECTION 489E JURISDICTION UNDER THIS SUBDIVISION
- PART 5.4C - WINDING UP BY ASIC
- SECTION 489EA ASIC MAY ORDER THE WINDING UP OF A COMPANY
- SECTION 489EB DEEMED RESOLUTION THAT COMPANY BE WOUND UP VOLUNTARILY
- SECTION 489EC APPOINTMENT OF LIQUIDATOR
- PART 5.5 - VOLUNTARY WINDING UP
- Division 1A - Preliminary
- SECTION 489F MEANING OF PROPERTY
- Division 1 - Resolution for winding up
- SECTION 490 WHEN COMPANY CANNOT WIND UP VOLUNTARILY
- SECTION 491 CIRCUMSTANCES IN WHICH COMPANY MAY BE WOUND UP VOLUNTARILY
- SECTION 493 EFFECT OF VOLUNTARY WINDING UP
- SECTION 493A EFFECT OF VOLUNTARY WINDING UP ON COMPANY ' S MEMBERS
- SECTION 494 DECLARATION OF SOLVENCY
- Division 2 - Members' voluntary winding up
- SECTION 495 APPOINTMENT OF LIQUIDATOR ETC.
- SECTION 496 DUTY OF LIQUIDATOR WHERE COMPANY TURNS OUT TO BE INSOLVENT
- Division 3 - Creditors ' voluntary winding up
- Subdivision A - Liquidation process
- SECTION 497 INFORMATION ABOUT THE COMPANY ' S AFFAIRS
- SECTION 498 DECLARATION THAT COMPANY ELIGIBLE FOR THE SIMPLIFIED LIQUIDATION PROCESS
- SECTION 499 LIQUIDATORS
- SECTION 500 EXECUTION AND CIVIL PROCEEDINGS
- Subdivision B - Simplified liquidation process for creditors ' voluntary winding up of an insolvent company
- SECTION 500A LIQUIDATOR MAY ADOPT THE SIMPLIFIED LIQUIDATION PROCESS
- SECTION 500AAA MEANING OF TRIGGERING EVENT
- SECTION 500AA ELIGIBILITY CRITERIA FOR THE SIMPLIFIED LIQUIDATION PROCESS
- SECTION 500AB CREDITORS MAY REQUEST LIQUIDATOR NOT TO FOLLOW THE SIMPLIFIED LIQUIDATION PROCESS
- SECTION 500AC LIQUIDATOR MUST CEASE TO FOLLOW THE SIMPLIFIED LIQUIDATION PROCESS
- SECTION 500AD WORKING OUT WHETHER THE 25% IN VALUE OF CREDITORS TEST MET
- SECTION 500AE SIMPLIFIED LIQUIDATION PROCESS
- Division 4 - Voluntary winding up generally
- SECTION 501 DISTRIBUTION OF PROPERTY OF COMPANY
- SECTION 502 APPOINTMENT OF LIQUIDATOR
- SECTION 503 REMOVAL OF LIQUIDATOR
- SECTION 504 REVIEW OF LIQUIDATOR ' S REMUNERATION
- SECTION 505 ACTS OF LIQUIDATOR VALID ETC.
- SECTION 506 POWERS AND DUTIES OF LIQUIDATOR
- SECTION 506A DECLARATIONS BY LIQUIDATOR - RELEVANT RELATIONSHIPS AND INDEMNITIES
- SECTION 507 POWER OF LIQUIDATOR TO ACCEPT SHARES ETC. AS CONSIDERATION FOR SALE OF PROPERTY OF COMPANY
- SECTION 508 ANNUAL OBLIGATIONS OF LIQUIDATOR - MEETING OR REPORT
- SECTION 509 DEREGISTRATION
- SECTION 510 ARRANGEMENT: WHEN BINDING ON CREDITORS
- SECTION 511 APPLICATION TO COURT TO HAVE QUESTIONS DETERMINED OR POWERS EXERCISED
- SECTION 512 COSTS
- PART 5.6 - WINDING UP GENERALLY
- Division 1 - Preliminary
- SECTION 513 APPLICATION OF PART
- SECTION 513AA MEANING OF PROPERTY
- Division 1A - When winding up taken to begin
- SECTION 513A WINDING UP ORDERED BY THE COURT
- SECTION 513B VOLUNTARY WINDING UP
- SECTION 513C SECTION 513C DAY IN RELATION TO AN ADMINISTRATION UNDER PART 5.3A
- SECTION 513CA MEANING OF SECTION 513CA DAY
- SECTION 513D VALIDITY OF PROCEEDINGS IN EARLIER WINDING UP
- Division 2 - Contributories
- SECTION 514 WHERE DIVISION APPLIES
- SECTION 515 GENERAL LIABILITY OF CONTRIBUTORY
- SECTION 516 COMPANY LIMITED BY SHARES
- SECTION 517 COMPANY LIMITED BY GUARANTEE
- SECTION 518 COMPANY LIMITED BOTH BY SHARES AND BY GUARANTEE
- SECTION 519 EXCEPTIONS FOR FORMER UNLIMITED COMPANY
- SECTION 520 PAST MEMBER: LATER DEBTS
- SECTION 521 PERSON CEASING TO BE A MEMBER A YEAR OR MORE BEFORE WINDING UP
- SECTION 522 PRESENT MEMBERS TO CONTRIBUTE FIRST
- SECTION 523 PAST MEMBER OF FORMER UNLIMITED COMPANY
- SECTION 524 PAST MEMBER OF FORMER LIMITED COMPANY
- SECTION 526 LIABILITY ON CERTAIN CONTRACTS
- SECTION 527 NATURE OF CONTRIBUTORY ' S LIABILITY
- SECTION 528 DEATH OF CONTRIBUTORY
- SECTION 529 BANKRUPTCY OF CONTRIBUTORY
- Division 3 - Liquidators
- SECTION 530 APPOINTMENT OF 2 OR MORE LIQUIDATORS OF A COMPANY
- SECTION 530AA APPOINTMENT OF 2 OR MORE PROVISIONAL LIQUIDATORS OF A COMPANY
- SECTION 530A OFFICERS TO HELP LIQUIDATOR
- SECTION 530B LIQUIDATOR'S RIGHTS TO COMPANY'S BOOKS
- SECTION 530C WARRANT TO SEARCH FOR, AND SEIZE, COMPANY ' S PROPERTY OR BOOKS
- SECTION 531 BOOKS TO BE KEPT BY LIQUIDATOR
- SECTION 532 DISQUALIFICATION OF LIQUIDATOR
- SECTION 533 REPORTS BY LIQUIDATOR
- SECTION 534 PROSECUTION BY LIQUIDATOR OF DELINQUENT OFFICERS AND MEMBERS
- SECTION 535 WHEN LIQUIDATOR HAS QUALIFIED PRIVILEGE
- SECTION 536 SUPERVISION OF LIQUIDATORS
- SECTION 537 NOTICE OF APPOINTMENT AND ADDRESS OF LIQUIDATOR
- SECTION 538 REGULATIONS RELATING TO MONEY ETC. RECEIVED BY LIQUIDATOR
- SECTION 539 LIQUIDATOR ' S ACCOUNTS
- SECTION 540 LIQUIDATOR TO REMEDY DEFAULTS
- Division 4 - General
- SECTION 541 NOTIFICATION THAT COMPANY IS IN LIQUIDATION
- SECTION 542 BOOKS OF COMPANY
- SECTION 543 INVESTMENT OF SURPLUS FUNDS ON GENERAL ACCOUNT
- SECTION 544 UNCLAIMED MONEY TO BE PAID TO ASIC
- SECTION 545 EXPENSES OF WINDING UP WHERE PROPERTY INSUFFICIENT
- SECTION 546 RESOLUTIONS PASSED AT ADJOURNED MEETINGS OF CREDITORS AND CONTRIBUTORIES
- SECTION 547 MEETINGS TO ASCERTAIN WISHES OF CREDITORS OR CONTRIBUTORIES
- Division 5 - Committees of inspection [ CCH Note: Regulation 10.25.02(3)(i) (which was effective 1 March 2017) provides that the amendments made by No 11 of 2016, s 3, Sch 2[178] apply in relation to external administrations on and after 1 September 2017.] [ CCH Note : The next section is s 553.]
- Division 6 - Proof and ranking of claims
- Subdivision A - Admission to proof of debts and claims
- SECTION 553 DEBTS OR CLAIMS THAT ARE PROVABLE IN WINDING UP
- SECTION 553A MEMBER CANNOT PROVE DEBT UNLESS CONTRIBUTIONS PAID
- SECTION 553AA SELLING SHAREHOLDER CANNOT PROVE DEBT UNLESS DOCUMENTS GIVEN
- SECTION 553AB SUPERANNUATION CONTRIBUTION DEBTS NOT ADMISSIBLE TO PROOF
- SECTION 553B INSOLVENT COMPANIES - PENALTIES AND FINES NOT GENERALLY PROVABLE
- SECTION 553C INSOLVENT COMPANIES - MUTUAL CREDIT AND SET-OFF
- SECTION 553D DEBTS OR CLAIMS MAY BE PROVED FORMALLY OR INFORMALLY
- SECTION 553E APPLICATION OF BANKRUPTCY ACT TO WINDING UP OF INSOLVENT COMPANY
- Subdivision B - Computation of debts and claims
- SECTION 554 GENERAL RULE - COMPUTE AMOUNT AS AT RELEVANT DATE
- SECTION 554A DETERMINATION OF VALUE OF DEBTS AND CLAIMS OF UNCERTAIN VALUE
- SECTION 554B DISCOUNTING OF DEBTS PAYABLE AFTER RELEVANT DATE
- SECTION 554C CONVERSION INTO AUSTRALIAN CURRENCY OF FOREIGN CURRENCY DEBTS OR CLAIMS
- Subdivision C - Special provisions relating to secured creditors of insolvent companies
- SECTION 554D APPLICATION OF SUBDIVISION
- SECTION 554E PROOF OF DEBT BY SECURED CREDITOR
- SECTION 554F REDEMPTION OF SECURITY INTEREST BY LIQUIDATOR
- SECTION 554G AMENDMENT OF VALUATION
- SECTION 554H REPAYMENT OF EXCESS
- SECTION 554J SUBSEQUENT REALISATION OF SECURITY INTEREST
- Subdivision D - Priorities
- SECTION 555 DEBTS AND CLAIMS PROVED TO RANK EQUALLY EXCEPT AS OTHERWISE PROVIDED
- SECTION 556 PRIORITY PAYMENTS
- SECTION 558 DEBTS DUE TO EMPLOYEES
- SECTION 559 DEBTS OF A CLASS TO RANK EQUALLY
- SECTION 560 ADVANCES FOR COMPANY TO MAKE PRIORITY PAYMENTS IN RELATION TO EMPLOYEES
- SECTION 561 PRIORITY OF EMPLOYEES ' CLAIMS OVER CIRCULATING SECURITY INTERESTS
- SECTION 562 APPLICATION OF PROCEEDS OF CONTRACTS OF INSURANCE
- SECTION 562A APPLICATION OF PROCEEDS OF CONTRACTS OF REINSURANCE
- SECTION 563 PROVISIONS RELATING TO INJURY COMPENSATION
- SECTION 563AA SELLER UNDER A BUY-BACK AGREEMENT
- SECTION 563A POSTPONING SUBORDINATE CLAIMS
- SECTION 563AAA REDEMPTION OF DEBENTURES
- Subdivision E - Miscellaneous
- SECTION 563B INTEREST ON DEBTS AND CLAIMS FROM RELEVANT DATE TO DATE OF PAYMENT
- SECTION 563C DEBT SUBORDINATION
- SECTION 564 POWER OF COURT TO MAKE ORDERS IN FAVOUR OF CERTAIN CREDITORS
- Division 7 - Effect on certain transactions
- SECTION 565 UNDUE PREFERENCE
- SECTION 566 EFFECT OF FLOATING CHARGE
- SECTION 567 LIQUIDATOR'S RIGHT TO RECOVER IN RESPECT OF CERTAIN TRANSACTIONS
- Division 7A - Disclaimer of onerous property
- SECTION 568 DISCLAIMER BY LIQUIDATOR; APPLICATION TO COURT BY PARTY TO CONTRACT
- SECTION 568A LIQUIDATOR MUST GIVE NOTICE OF DISCLAIMER
- SECTION 568B APPLICATION TO SET ASIDE DISCLAIMER BEFORE IT TAKES EFFECT
- SECTION 568C WHEN DISCLAIMER TAKES EFFECT
- SECTION 568D EFFECT OF DISCLAIMER
- SECTION 568E APPLICATION TO SET ASIDE DISCLAIMER AFTER IT HAS TAKEN EFFECT
- SECTION 568F COURT MAY DISPOSE OF DISCLAIMED PROPERTY
- Division 7B - Effect on enforcement process against company's property
- SECTION 569 EXECUTIONS, ATTACHMENTS ETC. BEFORE WINDING UP
- SECTION 570 DUTIES OF SHERIFF AFTER RECEIVING NOTICE OF APPLICATION
- Division 8 - Pooling
- Subdivision A - Pooling determinations
- SECTION 571 POOLING DETERMINATION
- SECTION 572 VARIATION OF POOLING DETERMINATION
- SECTION 573 LODGMENT OF COPY OF POOLING DETERMINATION ETC.
- SECTION 574 ELIGIBLE UNSECURED CREDITORS MUST APPROVE THE MAKING OR VARIATION OF A POOLING DETERMINATION
- SECTION 575 MEMBERS ' VOLUNTARY WINDING UP - COPY OF NOTICE ETC. TO BE GIVEN TO EACH MEMBER OF THE COMPANY
- SECTION 576 CONDUCT OF MEETING
- SECTION 577 ELIGIBLE UNSECURED CREDITORS MAY DECIDE TO APPROVE THE DETERMINATION OR VARIATION
- SECTION 578 WHEN POOLING DETERMINATION COMES INTO FORCE ETC.
- SECTION 579 DUTIES OF LIQUIDATOR
- SECTION 579A COURT MAY VARY OR TERMINATE POOLING DETERMINATION
- SECTION 579B COURT MAY CANCEL OR CONFIRM VARIATION
- SECTION 579C WHEN COURT MAY VOID OR VALIDATE POOLING DETERMINATION
- SECTION 579D EFFECT OF TERMINATION OR AVOIDANCE
- Subdivision B - Pooling orders
- SECTION 579E POOLING ORDERS
- SECTION 579F VARIATION OF POOLING ORDERS
- SECTION 579G COURT MAY MAKE ANCILLARY ORDERS ETC.
- SECTION 579H VARIATION OF ANCILLARY ORDERS ETC.
- SECTION 579J NOTICE OF APPLICATION FOR POOLING ORDER ETC.
- SECTION 579K NOTICE OF POOLING ORDER ETC.
- SECTION 579L CONSOLIDATED MEETINGS OF CREDITORS
- Subdivision C - Other provisions
- SECTION 579M WHEN DEBTS OR CLAIMS ARE PROVABLE IN WINDING UP
- SECTION 579N GROUP OF COMPANIES
- SECTION 579P SECURED DEBT MAY BECOME UNSECURED
- SECTION 579Q ELIGIBLE UNSECURED CREDITOR
- Division 9 - Co-operation between Australian and foreign courts in external administration matters
- SECTION 580 DEFINITIONS
- SECTION 581 COURTS TO ACT IN AID OF EACH OTHER
- PART 5.7 - WINDING UP BODIES OTHER THAN COMPANIES
- SECTION 582 APPLICATION OF PART
- SECTION 583 WINDING UP PART 5.7 BODIES
- SECTION 585 INSOLVENCY OF PART 5.7 BODY
- SECTION 586 CONTRIBUTORIES IN WINDING UP OF PART 5.7 BODY
- SECTION 587 POWER OF COURT TO STAY OR RESTRAIN PROCEEDINGS
- SECTION 588 OUTSTANDING PROPERTY OF DEFUNCT REGISTRABLE BODY
- PART 5.7B - RECOVERING PROPERTY OR COMPENSATION FOR THE BENEFIT OF CREDITORS OF INSOLVENT COMPANY
- Division 1 - Preliminary
- SECTION 588C MEANING OF PROPERTY
- SECTION 588D SECURED DEBT MAY BECOME UNSECURED
- SECTION 588E PRESUMPTIONS TO BE MADE IN RECOVERY PROCEEDINGS
- SECTION 588F CERTAIN TAXATION LIABILITIES TAKEN TO BE DEBTS
- Division 2 - Voidable transactions
- Subdivision A - Kinds of transactions that may be voidable
- SECTION 588FA MEANING OF UNFAIR PREFERENCE
- SECTION 588FB MEANING OF UNCOMMERCIAL TRANSACTION
- SECTION 588FC MEANING OF INSOLVENT TRANSACTION
- SECTION 588FD MEANING OF UNFAIR LOAN
- SECTION 588FDA MEANING OF UNREASONABLE DIRECTOR-RELATED TRANSACTION
- SECTION 588FDB MEANING OF CREDITOR-DEFEATING DISPOSITION
- Subdivision B - Voidable transactions
- SECTION 588FE VOIDABLE TRANSACTIONS
- Subdivision C - Court orders about voidable transactions
- SECTION 588FF COURTS MAY MAKE ORDERS ABOUT VOIDABLE TRANSACTIONS
- SECTION 588FG TRANSACTION NOT VOIDABLE AS AGAINST CERTAIN PERSONS
- Subdivision D - ASIC orders about certain voidable transactions
- SECTION 588FGAA ASIC MAY ORDER UNDOING OF EFFECT OF CREDITOR-DEFEATING DISPOSITIONS BY COMPANY BEING WOUND UP
- SECTION 588FGAB CONTENT AND COPIES OF ORDERS
- SECTION 588FGAC COMPLIANCE WITH ORDERS GENERALLY
- SECTION 588FGAD COMPLIANCE WITH ORDERS FOR PAYMENT
- SECTION 588FGAE COURT MAY SET ASIDE ORDER BY ASIC
- Subdivision E - Various rules about voidable transactions
- SECTION 588FGA DIRECTORS TO INDEMNIFY COMMISSIONER OF TAXATION IF CERTAIN PAYMENTS SET ASIDE
- SECTION 588FGB DEFENCES IN PROCEEDINGS UNDER SECTION 588FGA
- SECTION 588FH LIQUIDATOR MAY RECOVER FROM RELATED ENTITY BENEFIT RESULTING FROM INSOLVENT TRANSACTION
- SECTION 588FI CREDITOR WHO GIVES UP BENEFIT OF UNFAIR PREFERENCE MAY PROVE FOR PREFERRED DEBT
- SECTION 588FJ CIRCULATING SECURITY INTEREST CREATED WITHIN 6 MONTHS BEFORE RELATION-BACK DAY
- Division 2A - Vesting of PPSA security interests if not continuously perfected
- SECTION 588FK INTERPRETATION AND APPLICATION
- SECTION 588FL VESTING OF PPSA SECURITY INTERESTS IF COLLATERAL NOT REGISTERED WITHIN TIME
- SECTION 588FM EXTENSION OF TIME FOR REGISTRATION
- SECTION 588FN PPSA SECURITY INTERESTS UNAFFECTED BY SECTION 588FL
- SECTION 588FO CERTAIN LESSORS, BAILORS AND CONSIGNORS ENTITLED TO DAMAGES
- Division 2B - Security interests in favour of company officers etc.
- SECTION 588FP SECURITY INTERESTS IN FAVOUR OF AN OFFICER OF A COMPANY ETC. VOID
- Division 3 - Duties to prevent insolvent trading and creditor-defeating dispositions
- Subdivision A - Director ' s duty to prevent insolvent trading
- SECTION 588G DIRECTOR ' S DUTY TO PREVENT INSOLVENT TRADING BY COMPANY
- Subdivision B - Duties to prevent creditor-defeating dispositions
- SECTION 588GAA OBJECT OF THIS SUBDIVISION
- SECTION 588GAB OFFICER ' S DUTY TO PREVENT CREDITOR-DEFEATING DISPOSITION
- SECTION 588GAC PROCURING CREDITOR-DEFEATING DISPOSITION
- Subdivision C - Safe harbour from breach of duties
- SECTION 588GA SAFE HARBOUR - TAKING COURSE OF ACTION REASONABLY LIKELY TO LEAD TO A BETTER OUTCOME FOR THE COMPANY
- SECTION 588GAAA SAFE HARBOUR - TEMPORARY RELIEF IN RESPONSE TO THE CORONAVIRUS
- SECTION 588GAAB SAFE HARBOUR - COMPANIES UNDER RESTRUCTURING
- SECTION 588GAAC SAFE HARBOUR - TEMPORARY RELIEF FOR COMPANIES LOOKING FOR A RESTRUCTURING PRACTITIONER
- SECTION 588GB INFORMATION OR BOOKS NOT ADMISSIBLE TO SUPPORT THE SAFE HARBOUR IF FAILURE TO PERMIT INSPECTION ETC.
- SECTION 588H DEFENCES ABOUT REASONABLE GROUNDS, ILLNESS OR REASONABLE STEPS
- SECTION 588HA REVIEW RELATING TO SAFE HARBOUR
- Division 4 - Director liable to compensate company
- Subdivision A - Proceedings against director
- SECTION 588J ON APPLICATION FOR CIVIL PENALTY ORDER, COURT MAY ORDER COMPENSATION
- SECTION 588K CRIMINAL COURT MAY ORDER COMPENSATION
- SECTION 588L ENFORCEMENT OF ORDER UNDER SECTION 588J OR 588K
- SECTION 588M RECOVERY OF COMPENSATION FOR LOSS RESULTING FROM INSOLVENT TRADING
- SECTION 588N AVOIDING DOUBLE RECOVERY
- SECTION 588P EFFECT OF SECTIONS 588J, 588K AND 588M
- SECTION 588Q CERTIFICATES EVIDENCING CONTRAVENTION
- Subdivision B - Proceedings by creditor
- SECTION 588R CREDITOR MAY SUE FOR COMPENSATION WITH LIQUIDATOR'S CONSENT
- SECTION 588S CREDITOR MAY GIVE LIQUIDATOR NOTICE OF INTENTION TO SUE FOR COMPENSATION
- SECTION 588T WHEN CREDITOR MAY SUE FOR COMPENSATION WITHOUT LIQUIDATOR'S CONSENT
- SECTION 588U EVENTS PREVENTING CREDITOR FROM SUING
- Division 5 - Liability of holding company for insolvent trading by subsidiary
- SECTION 588V WHEN HOLDING COMPANY LIABLE
- SECTION 588W RECOVERY OF COMPENSATION FOR LOSS RESULTING FROM INSOLVENT TRADING
- SECTION 588WA SAFE HARBOUR - TAKING REASONABLE STEPS TO ENSURE COMPANY ' S DIRECTORS HAVE THE BENEFIT OF THE DIRECTORS ' SAFE HARBOUR
- SECTION 588X DEFENCES ABOUT REASONABLE GROUNDS, ILLNESS OR REASONABLE STEPS
- Division 6 - Application of compensation under Division 4 or 5
- SECTION 588Y APPLICATION OF AMOUNT PAID AS COMPENSATION
- Division 7 - Person managing a corporation while disqualified may become liable for corporation's debts
- SECTION 588Z COURT MAY MAKE ORDER IMPOSING LIABILITY
- Division 8 - Employee entitlements contribution orders
- SECTION 588ZA EMPLOYEE ENTITLEMENTS CONTRIBUTION ORDERS
- SECTION 588ZB WHO MAY APPLY FOR AN EMPLOYEE ENTITLEMENTS CONTRIBUTION ORDER
- PART 5.8 - OFFENCES
- SECTION 589 INTERPRETATION AND APPLICATION
- SECTION 590 OFFENCES BY OFFICERS OF CERTAIN COMPANIES
- SECTION 592 INCURRING OF CERTAIN DEBTS; FRAUDULENT CONDUCT
- SECTION 593 POWERS OF COURT
- SECTION 594 CERTAIN RIGHTS NOT AFFECTED
- SECTION 595 INDUCEMENT TO BE APPOINTED LIQUIDATOR ETC. OF COMPANY
- SECTION 596 FRAUDS BY OFFICERS
- PART 5.8A - EMPLOYEE ENTITLEMENTS
- SECTION 596AA OBJECTS AND COVERAGE OF THIS PART
- SECTION 596AB RELEVANT AGREEMENTS OR TRANSACTIONS THAT AVOID EMPLOYEE ENTITLEMENTS - OFFENCES
- SECTION 596AC RELEVANT AGREEMENTS OR TRANSACTIONS THAT AVOID EMPLOYEE ENTITLEMENTS - CIVIL CONTRAVENTIONS
- SECTION 596ACA PERSON WHO CONTRAVENES SECTION 596AC LIABLE TO COMPENSATE FOR LOSS
- SECTION 596AD AVOIDING DOUBLE RECOVERY
- SECTION 596AE EFFECT OF SECTION 596ACA
- SECTION 596AF PROCEEDINGS FOR COMPENSATION
- SECTION 596AG EVENTS PREVENTING PROCEEDINGS
- SECTION 596AH JOINING PARTIES TO PROCEEDINGS
- SECTION 596AI EVENTS PREVENTING EMPLOYEE FROM SUING
- PART 5.9 - MISCELLANEOUS
- Division 1 - Examining a person about a corporation
- SECTION 596A MANDATORY EXAMINATION
- SECTION 596B DISCRETIONARY EXAMINATION
- SECTION 596C AFFIDAVIT IN SUPPORT OF APPLICATION UNDER SECTION 596B
- SECTION 596D CONTENT OF SUMMONS
- SECTION 596E NOTICE OF EXAMINATION
- SECTION 596F COURT MAY GIVE DIRECTIONS ABOUT EXAMINATION
- SECTION 597 CONDUCT OF EXAMINATION
- SECTION 597A WHEN COURT IS TO REQUIRE AFFIDAVIT ABOUT CORPORATION ' S EXAMINABLE AFFAIRS
- SECTION 597B COSTS OF UNNECESSARY EXAMINATION OR AFFIDAVIT
- Division 2 - Orders against a person in relation to a corporation
- SECTION 598 ORDER AGAINST PERSON CONCERNED WITH CORPORATION
- Division 3 - Provisions applying to various kinds of external administration
- SECTION 599 APPEALS FROM DECISIONS OF RECEIVERS ETC.
- SECTION 600AA DUTY OF RECEIVER, ADMINISTRATOR OR LIQUIDATOR - PARENTAL LEAVE PAY
- SECTION 600A POWERS OF COURT WHERE OUTCOME OF VOTING AT CREDITORS ' MEETING DETERMINED BY RELATED ENTITY
- SECTION 600B REVIEW BY COURT OF RESOLUTION OF CREDITORS PASSED ON CASTING VOTE OF PERSON PRESIDING AT MEETING
- SECTION 600C COURT ' S POWERS WHERE PROPOSED RESOLUTION OF CREDITORS LOST AS CASTING VOTE OF PERSON PRESIDING AT MEETING
- SECTION 600D INTERIM ORDER ON APPLICATION UNDER SECTION 600A, 600B OR 600C
- SECTION 600E ORDER UNDER SECTION 600A OR 600B DOES NOT AFFECT ACT ALREADY DONE PURSUANT TO RESOLUTION
- SECTION 600F LIMITATION ON RIGHT OF SUPPLIERS OF ESSENTIAL SERVICES TO INSIST ON PAYMENT AS CONDITION OF SUPPLY
- SECTION 600G ELECTRONIC COMMUNICATION OF DOCUMENTS
- SECTION 600H RIGHTS IF CLAIM AGAINST THE COMPANY POSTPONED
- SECTION 600J ACTS OF EXTERNAL ADMINISTRATOR VALID ETC.
- Division 4 - Insolvency Practice Schedule (Corporations)
- SECTION 600K INSOLVENCY PRACTICE SCHEDULE (CORPORATIONS)
- CHAPTER 5A - DEREGISTRATION, AND TRANSFER OF REGISTRATION, OF COMPANIES
- PART 5A.1 - DEREGISTRATION
- SECTION 601 MEANING OF PROPERTY
- SECTION 601AA DEREGISTRATION - VOLUNTARY
- SECTION 601AB DEREGISTRATION - ASIC INITIATED
- SECTION 601AC DEREGISTRATION - FOLLOWING AMALGAMATION OR WINDING UP
- SECTION 601AD EFFECT OF DEREGISTRATION
- SECTION 601AE WHAT THE COMMONWEALTH OR ASIC DOES WITH THE PROPERTY
- SECTION 601AF THE COMMONWEALTH ' S AND ASIC ' S POWER TO FULFIL OUTSTANDING OBLIGATIONS OF DEREGISTERED COMPANY
- SECTION 601AG CLAIMS AGAINST INSURERS OF DEREGISTERED COMPANY
- SECTION 601AH REINSTATEMENT
- PART 5A.2 - TRANSFER OF REGISTRATION
- SECTION 601AI TRANSFERRING REGISTRATION
- SECTION 601AJ APPLYING TO TRANSFER REGISTRATION
- SECTION 601AK ASIC MAKES TRANSFER OF REGISTRATION DECLARATION
- SECTION 601AL ASIC TO DEREGISTER COMPANY
- CHAPTER 5B - BODIES CORPORATE REGISTERED AS COMPANIES, AND REGISTRABLE BODIES
- PART 5B.1 - REGISTERING A BODY CORPORATE AS A COMPANY
- Division 1 - Registration
- SECTION 601BA BODIES CORPORATE MAY BE REGISTERED AS CERTAIN TYPES OF COMPANIES
- SECTION 601BB BODIES REGISTERED AS PROPRIETARY COMPANIES
- SECTION 601BC APPLYING FOR REGISTRATION UNDER THIS PART
- SECTION 601BD ASIC GIVES BODY ACN, REGISTERS AS COMPANY AND ISSUES CERTIFICATE
- SECTION 601BE REGISTERED OFFICE
- SECTION 601BF NAME
- SECTION 601BG CONSTITUTION
- SECTION 601BH MODIFICATIONS OF CONSTITUTION
- SECTION 601BJ ASIC MAY DIRECT COMPANY TO APPLY FOR COURT APPROVAL FOR MODIFICATIONS OF CONSTITUTION
- SECTION 601BK ESTABLISHING REGISTERS AND MINUTE BOOKS
- SECTION 601BL REGISTRATION OF REGISTERED BODIES
- Division 2 - Operation of this Act
- SECTION 601BM EFFECT OF REGISTRATION UNDER THIS PART
- SECTION 601BN LIABILITY OF MEMBERS ON WINDING UP
- SECTION 601BP BEARER SHARES
- SECTION 601BQ REFERENCES IN PRE-REGISTRATION CONTRACTS AND OTHER DOCUMENTS TO PAR VALUE IN EXISTING CONTRACTS AND DOCUMENTS
- SECTION 601BR FIRST AGM
- SECTION 601BS MODIFICATION BY REGULATIONS
- PART 5B.2 - REGISTRABLE BODIES
- Division 1A - Preliminary
- SECTION 601C MEANING OF PROPERTY
- Division 1 - Registrable Australian bodies
- SECTION 601CA WHEN A REGISTRABLE AUSTRALIAN BODY MAY CARRY ON BUSINESS IN THIS JURISDICTION AND OUTSIDE ITS PLACE OF ORIGIN
- SECTION 601CB APPLICATION FOR REGISTRATION
- SECTION 601CC CESSATION OF BUSINESS ETC.
- SECTION 601CCA PUBLISHING NOTICES RELATING TO CESSATION OF BUSINESS ETC.
- Division 2 - Foreign companies
- SECTION 601CD WHEN A FOREIGN COMPANY MAY CARRY ON BUSINESS IN THIS JURISDICTION
- SECTION 601CDA LIMITED DISCLOSURE IF PLACE OF ORIGIN IS A PRESCRIBED COUNTRY
- SECTION 601CE APPLICATION FOR REGISTRATION
- SECTION 601CF APPOINTMENT OF LOCAL AGENT
- SECTION 601CG LOCAL AGENT: HOW APPOINTED
- SECTION 601CH LOCAL AGENT: HOW REMOVED
- SECTION 601CJ LIABILITY OF LOCAL AGENT
- SECTION 601CK BALANCE-SHEETS AND OTHER DOCUMENTS
- SECTION 601CL CESSATION OF BUSINESS ETC.
- SECTION 601CLA PUBLISHING NOTICES RELATING TO CESSATION OF BUSINESS ETC.
- SECTION 601CM REGISTER OF MEMBERS OF FOREIGN COMPANY
- SECTION 601CN REGISTER KEPT UNDER SECTION 601CM
- SECTION 601CP NOTIFYING ASIC ABOUT REGISTER KEPT UNDER SECTION 601CM
- SECTION 601CQ EFFECT OF RIGHT TO ACQUIRE SHARES COMPULSORILY
- SECTION 601CR INDEX OF MEMBERS AND INSPECTION OF REGISTERS
- SECTION 601CS CERTIFICATE AS TO SHAREHOLDING
- Division 3 - Bodies registered under this Part
- SECTION 601CTA LIMITED DISCLOSURE IF PLACE OF ORIGIN IS A PRESCRIBED COUNTRY
- SECTION 601CT REGISTERED OFFICE
- SECTION 601CU CERTIFICATE OF REGISTRATION
- SECTION 601CV NOTICE OF CERTAIN CHANGES
- SECTION 601CW BODY'S NAME ETC. MUST BE DISPLAYED AT OFFICE AND PLACE OF BUSINESS
- SECTION 601CX SERVICE OF DOCUMENTS ON REGISTERED BODY
- SECTION 601CY POWER TO HOLD LAND
- Division 4 - Register of debenture holders for non-companies
- SECTION 601CZA CERTAIN DOCUMENTS ARE DEBENTURES
- SECTION 601CZB REGISTER OF DEBENTURE HOLDERS TO BE MAINTAINED BY NON-COMPANIES
- SECTION 601CZC LOCATION OF REGISTER
- SECTION 601CZD APPLICATION OF SECTIONS 173 TO 177
- PART 5B.3 - NAMES OF REGISTRABLE AUSTRALIAN BODIES AND FOREIGN COMPANIES
- SECTION 601DA RESERVING A NAME
- SECTION 601DB ACCEPTABLE ABBREVIATIONS
- SECTION 601DC WHEN A NAME IS AVAILABLE
- SECTION 601DD REGISTERED AUSTRALIAN BODIES AND REGISTERED FOREIGN COMPANIES CAN CARRY ON BUSINESS WITH SOME NAMES ONLY
- SECTION 601DE USING A NAME AND ARBN
- SECTION 601DF EXCEPTION TO REQUIREMENT TO HAVE ARBN ON RECEIPTS
- SECTION 601DG REGULATIONS MAY EXEMPT FROM REQUIREMENT TO SET OUT INFORMATION ON DOCUMENTS
- SECTION 601DH NOTICE OF NAME CHANGE MUST BE GIVEN TO ASIC
- SECTION 601DJ ASIC ' s POWER TO DIRECT A REGISTERED NAME BE CHANGED
- CHAPTER 5C - MANAGED INVESTMENT SCHEMES
- PART 5C.1 - REGISTRATION OF MANAGED INVESTMENT SCHEMES
- SECTION 601EA APPLYING FOR REGISTRATION
- SECTION 601EB REGISTRATION OF MANAGED INVESTMENT SCHEME
- SECTION 601EC ALL DOCUMENTS ETC. LODGED WITH ASIC ASIC TO BEAR ARSN OR ABN
- SECTION 601ED WHEN A MANAGED INVESTMENT SCHEME MUST BE REGISTERED
- SECTION 601EE UNREGISTERED SCHEMES MAY BE WOUND UP
- PART 5C.2 - THE RESPONSIBLE ENTITY
- Division 1 - Responsibilities and powers
- SECTION 601FA RESPONSIBLE ENTITY TO BE PUBLIC COMPANY AND HOLD AUSTRALIAN FINANCIAL SERVICES LICENCE
- SECTION 601FB RESPONSIBLE ENTITY TO OPERATE SCHEME
- SECTION 601FC DUTIES OF RESPONSIBLE ENTITY
- SECTION 601FD DUTIES OF OFFICERS OF RESPONSIBLE ENTITY
- SECTION 601FE DUTIES OF EMPLOYEES OF RESPONSIBLE ENTITY
- SECTION 601FF SURVEILLANCE CHECKS BY ASIC
- SECTION 601FG ACQUISITION OF INTEREST IN SCHEME BY RESPONSIBLE ENTITY
- SECTION 601FH LIQUIDATOR ETC. OF RESPONSIBLE ENTITY ENTITLED TO EXERCISE INDEMNITY RIGHTS
- Division 2 - Changing the responsible entity
- SECTION 601FJ CHANGES ONLY TAKE EFFECT WHEN ASIC ALTERS RECORD OF REGISTRATION
- SECTION 601FK REQUIREMENTS OF SECTION 601FA MUST BE MET
- SECTION 601FL RETIREMENT OF RESPONSIBLE ENTITY
- SECTION 601FM REMOVAL OF RESPONSIBLE ENTITY BY MEMBERS
- SECTION 601FN ASIC OR SCHEME MEMBER MAY APPLY TO COURT FOR APPOINTMENT OF TEMPORARY RESPONSIBLE ENTITY
- SECTION 601FP APPOINTMENT OF TEMPORARY RESPONSIBLE ENTITY BY COURT
- SECTION 601FQ TEMPORARY RESPONSIBLE ENTITY TO TAKE STEPS FOR APPOINTMENT OF NEW RESPONSIBLE ENTITY
- Division 3 - Consequences of change of responsible entity
- SECTION 601FR FORMER RESPONSIBLE ENTITY TO HAND OVER BOOKS AND PROVIDE REASONABLE ASSISTANCE
- SECTION 601FS RIGHTS, OBLIGATIONS AND LIABILITIES OF FORMER RESPONSIBLE ENTITY
- SECTION 601FT EFFECT OF CHANGE OF RESPONSIBLE ENTITY ON DOCUMENTS ETC. TO WHICH FORMER RESPONSIBLE ENTITY IS PARTY
- PART 5C.3 - THE CONSTITUTION
- SECTION 601GA CONTENTS OF THE CONSTITUTION
- SECTION 601GB CONSTITUTION MUST BE LEGALLY ENFORCEABLE
- SECTION 601GC CHANGING THE CONSTITUTION
- PART 5C.4 - THE COMPLIANCE PLAN
- SECTION 601HA CONTENTS OF THE COMPLIANCE PLAN
- SECTION 601HB COMPLIANCE PLAN MAY INCORPORATE PROVISIONS FROM ANOTHER SCHEME ' S PLAN
- SECTION 601HC DIRECTORS MUST SIGN LODGED COPY OF COMPLIANCE PLAN
- SECTION 601HD ASIC MAY REQUIRE FURTHER INFORMATION ABOUT COMPLIANCE PLAN
- SECTION 601HE CHANGING THE COMPLIANCE PLAN
- SECTION 601HF ASIC MAY REQUIRE CONSOLIDATION OF COMPLIANCE PLAN TO BE LODGED
- SECTION 601HG AUDIT OF COMPLIANCE PLAN
- SECTION 601HH REMOVAL AND RESIGNATION OF AUDITORS
- SECTION 601HI ACTION ON CHANGE OF AUDITOR OF COMPLIANCE PLAN
- PART 5C.5 - THE COMPLIANCE COMMITTEE
- SECTION 601JA WHEN IS A COMPLIANCE COMMITTEE REQUIRED?
- SECTION 601JB MEMBERSHIP OF COMPLIANCE COMMITTEE
- SECTION 601JC FUNCTIONS OF COMPLIANCE COMMITTEE
- SECTION 601JD DUTIES OF MEMBERS
- SECTION 601JE COMPLIANCE COMMITTEE MEMBERS HAVE QUALIFIED PRIVILEGE IN CERTAIN CASES
- SECTION 601JF WHEN CAN RESPONSIBLE ENTITY INDEMNIFY COMPLIANCE COMMITTEE MEMBERS?
- SECTION 601JG WHEN CAN RESPONSIBLE ENTITY PAY INSURANCE PREMIUMS FOR COMPLIANCE COMMITTEE MEMBERS?
- SECTION 601JH PROCEEDINGS OF COMPLIANCE COMMITTEE
- SECTION 601JJ DISCLOSURE OF INTERESTS
- PART 5C.6 - MEMBERS' RIGHTS TO WITHDRAW FROM A SCHEME
- SECTION 601KA MEMBERS ' RIGHTS TO WITHDRAW
- SECTION 601KB NON-LIQUID SCHEMES - OFFERS
- SECTION 601KC NON-LIQUID SCHEMES - ONLY ONE WITHDRAWAL OFFER TO BE OPEN AT ANY TIME
- SECTION 601KD NON-LIQUID SCHEMES - HOW PAYMENTS ARE TO BE MADE
- SECTION 601KE NON-LIQUID SCHEMES - RESPONSIBLE ENTITY MAY CANCEL WITHDRAWAL OFFER
- PART 5C.7 - RELATED PARTY TRANSACTIONS
- SECTION 601LA CHAPTER 2E APPLIES WITH MODIFICATIONS
- SECTION 601LB REPLACEMENT SECTION 207
- SECTION 601LC REPLACEMENT SECTION 208
- SECTION 601LD OMISSION OF SECTIONS 213, 214 AND 224
- SECTION 601LE MODIFICATION OF SECTION 225
- PART 5C.8 - EFFECT OF CONTRAVENTIONS (CIVIL LIABILITY AND VOIDABLE CONTRACTS)
- SECTION 601MA CIVIL LIABILITY OF RESPONSIBLE ENTITY TO MEMBERS
- SECTION 601MB VOIDABLE CONTRACTS WHERE SUBSCRIPTION OFFERS AND INVITATIONS CONTRAVENE THIS ACT
- PART 5C.9 - WINDING UP
- SECTION 601NA WINDING UP REQUIRED BY SCHEME ' S CONSTITUTION
- SECTION 601NB WINDING UP AT DIRECTION OF MEMBERS
- SECTION 601NC WINDING UP IF SCHEME ' S PURPOSE ACCOMPLISHED OR CANNOT BE ACCOMPLISHED
- SECTION 601ND WINDING UP ORDERED BY COURT
- SECTION 601NE THE WINDING UP OF THE SCHEME
- SECTION 601NF OTHER ORDERS ABOUT WINDING UP
- SECTION 601NG UNCLAIMED MONEY TO BE PAID TO ASIC
- PART 5C.10 - DEREGISTRATION
- Division 1 - Registered schemes that are not Australian passport funds
- SECTION 601PAA APPLICATION OF THIS DIVISION
- SECTION 601PA DEREGISTRATION - VOLUNTARY
- SECTION 601PB DEREGISTRATION BY ASIC
- Division 2 - Registered schemes that are Australian passport funds
- SECTION 601PBA APPLICATION OF THIS DIVISION
- SECTION 601PBB DEREGISTRATION - VOLUNTARY
- SECTION 601PBC DEREGISTRATION - INITIATED BY ASIC
- SECTION 601PBD NOTICES RELATING TO DEREGISTRATION PROCESS
- SECTION 601PBE CONSEQUENCES OF DEREGISTRATION ON STATUS AS AN AUSTRALIAN PASSPORT FUND
- SECTION 601PC REINSTATEMENT
- PART 5C.11 - EXEMPTIONS AND MODIFICATIONS
- SECTION 601QA ASIC ' S POWER TO MAKE EXEMPTION AND MODIFICATION ORDERS
- SECTION 601QB MODIFICATION BY REGULATIONS
- CHAPTER 5D - LICENSED TRUSTEE COMPANIES
- PART 5D.1 - PRELIMINARY
- SECTION 601RAA MEANING OF FEES AND LAW - CHAPTER 5D
- SECTION 601RAB MEANING OF TRUSTEE COMPANY AND CLIENT
- SECTION 601RAC MEANING OF TRADITIONAL TRUSTEE COMPANY SERVICES AND ESTATE MANAGEMENT FUNCTIONS
- SECTION 601RAD MEANING OF PERSON WITH A PROPER INTEREST
- SECTION 601RAE INTERACTION BETWEEN TRUSTEE COMPANY PROVISIONS AND STATE AND TERRITORY LAWS
- PART 5D.2 - POWERS ETC. OF LICENSED TRUSTEE COMPANIES
- Division 1 - General provisions
- SECTION 601SAA JURISDICTION OF COURTS NOT AFFECTED ETC.
- SECTION 601SAB REGULATIONS MAY PRESCRIBE OTHER POWERS ETC.
- SECTION 601SAC POWERS ETC. CONFERRED BY OR UNDER THIS CHAPTER ARE IN ADDITION TO OTHER POWERS ETC.
- Division 2 - Accounts
- SECTION 601SBA LICENSED TRUSTEE COMPANY NOT REQUIRED TO FILE ACCOUNTS
- SECTION 601SBB LICENSED TRUSTEE COMPANY MAY BE REQUIRED TO PROVIDE ACCOUNT IN RELATION TO ESTATE
- SECTION 601SBC COURT MAY ORDER AUDIT
- Division 3 - Common funds
- SECTION 601SCA COMMON FUNDS OF LICENSED TRUSTEE COMPANIES
- SECTION 601SCAA COMMON FUNDS THAT ARE ALSO REGISTERED SCHEMES
- SECTION 601SCB OBLIGATIONS RELATING TO COMMON FUNDS
- SECTION 601SCC REGULATIONS RELATING TO ESTABLISHMENT OR OPERATION OF COMMON FUNDS
- SECTION 601SCD ARM ' S LENGTH TRANSACTIONS
- PART 5D.3 - REGULATION OF FEES CHARGED BY LICENSED TRUSTEE COMPANIES
- Division 1 - Disclosure of fees
- SECTION 601TAA SCHEDULE OF FEES TO BE PUBLISHED AND AVAILABLE
- SECTION 601TAB DISCLOSURE TO CLIENTS OF CHANGED FEES
- Division 2 - General provisions about charging fees
- SECTION 601TBA CHARGING OF FEES FOR THE PROVISION OF TRADITIONAL TRUSTEE COMPANY SERVICES
- SECTION 601TBB PART DOES NOT PREVENT CHARGING OF FEES AS AGREED ETC.
- SECTION 601TBC PART DOES NOT PREVENT CHARGING FEE FOR PROVISION OF ACCOUNT
- SECTION 601TBD PART DOES NOT PREVENT REIMBURSEMENT
- SECTION 601TBE ESTATE MANAGEMENT FUNCTIONS: PAYMENT OF FEES OUT OF ESTATE
- Division 3 - Fees otherwise than for being trustee or manager of a charitable trust
- SECTION 601TCA FEES OTHERWISE THAN FOR BEING THE TRUSTEE OR MANAGER OF A CHARITABLE TRUST
- SECTION 601TCB ADDITIONAL AMOUNT FOR PREPARATION OF RETURNS ETC.
- Division 4 - Fees for being trustee or manager of a charitable trust
- Subdivision A - New client charitable trusts
- SECTION 601TDA SUBDIVISION APPLIES TO NEW CLIENT CHARITABLE TRUSTS
- SECTION 601TDB WHAT THE TRUSTEE COMPANY MAY CHARGE
- SECTION 601TDC OPTION 1: CAPITAL COMMISSION AND INCOME COMMISSION
- SECTION 601TDD OPTION 2: ANNUAL MANAGEMENT FEE
- SECTION 601TDE ADDITIONAL AMOUNT IF TRUST MONEY IS IN A COMMON FUND
- SECTION 601TDF ADDITIONAL AMOUNT FOR PREPARATION OF RETURNS ETC.
- Subdivision B - Existing client charitable trusts
- SECTION 601TDG SUBDIVISION APPLIES TO EXISTING CLIENT CHARITABLE TRUSTS
- SECTION 601TDH TRUSTEE COMPANY NOT TO CHARGE MORE THAN WAS BEING CHARGED BEFORE SECTION COMMENCED
- SECTION 601TDI ADDITIONAL AMOUNT IF TRUST MONEY IS IN A COMMON FUND
- SECTION 601TDJ ADDITIONAL AMOUNT FOR PREPARATION OF RETURNS ETC.
- Division 5 - Miscellaneous
- SECTION 601TEA POWER OF THE COURT WITH RESPECT TO EXCESSIVE FEES
- SECTION 601TEB DIRECTORS ' FEES
- PART 5D.4 - DUTIES OF OFFICERS AND EMPLOYEES OF LICENSED TRUSTEE COMPANIES
- SECTION 601UAA DUTIES OF OFFICERS OF LICENSED TRUSTEE COMPANY
- SECTION 601UAB DUTIES OF EMPLOYEES OF LICENSED TRUSTEE COMPANY
- PART 5D.5 - LIMIT ON CONTROL OF LICENSED TRUSTEE COMPANIES AND PROPOSED LICENSED TRUSTEE COMPANIES
- Division 1 - 15 % voting power limit
- SECTION 601VAA MEANING OF UNACCEPTABLE CONTROL SITUATION - LICENSED TRUSTEE COMPANY OR A PROPOSED LICENSED TRUSTEE COMPANY
- SECTION 601VAB ACQUISITIONS OF SHARES
- SECTION 601VAC ORDERS TO REMEDY UNACCEPTABLE CONTROL SITUATION
- SECTION 601VAD INJUNCTIONS
- Division 2 - Approval to exceed 15 % voting power limit
- SECTION 601VBA APPLICATION FOR APPROVAL TO EXCEED 15 % VOTING POWER LIMIT
- SECTION 601VBB APPROVAL OF APPLICATION
- SECTION 601VBC DURATION OF APPROVAL
- SECTION 601VBD CONDITIONS OF APPROVAL
- SECTION 601VBE VARYING PERCENTAGE APPROVED
- SECTION 601VBF REVOKING AN APPROVAL
- SECTION 601VBG MINISTER MAY REQUIRE FURTHER INFORMATION FROM APPLICANTS
- SECTION 601VBH MINISTER MAY SEEK VIEWS OF THE COMPANY CONCERNED AND ITS CLIENTS
- SECTION 601VBI TIME LIMIT FOR MINISTER ' S DECISION
- Division 3 - Other matters
- SECTION 601VCA ACQUISITION OF PROPERTY
- SECTION 601VCB INTERESTS OF CLIENTS TO BE VIEWED AS A GROUP
- SECTION 601VCC ANTI-AVOIDANCE
- PART 5D.6 - ASIC-APPROVED TRANSFERS OF ESTATE ASSETS AND LIABILITIES
- Division 1 - Preliminary
- SECTION 601WAA MEANING OF ESTATE ASSETS AND LIABILITIES
- Division 2 - Transfer of estate assets and liabilities
- SECTION 601WBA TRANSFER DETERMINATIONS
- SECTION 601WBB WHEN CONSENT OF RECEIVING COMPANY IS IN FORCE
- SECTION 601WBC COMPLEMENTARY STATE OR TERRITORY LEGISLATION
- SECTION 601WBD MINISTER'S POWER TO DECIDE THAT HIS OR HER CONSENT IS NOT REQUIRED
- SECTION 601WBE DETERMINATIONS MAY IMPOSE CONDITIONS
- SECTION 601WBF NOTICE OF DETERMINATION
- SECTION 601WBG CERTIFICATE OF TRANSFER
- SECTION 601WBH NOTICE OF CERTIFICATE
- SECTION 601WBI TIME AND EFFECT OF TRANSFER
- SECTION 601WBJ SUBSTITUTION OF TRUSTEE COMPANY
- SECTION 601WBK LIABILITIES FOR BREACH OF TRUST AND OTHER MATTERS NOT AFFECTED BY THIS PART
- Division 3 - Other matters related to the transfer of estate assets and liabilities
- SECTION 601WCA CERTIFICATES EVIDENCING OPERATION OF ACT ETC.
- SECTION 601WCB CERTIFICATES IN RELATION TO LAND AND INTERESTS IN LAND
- SECTION 601WCC CERTIFICATES IN RELATION TO OTHER ASSETS
- SECTION 601WCD DOCUMENTS PURPORTING TO BE CERTIFICATES
- SECTION 601WCE CONSTRUCTION OF REFERENCES TO TRANSFERRING COMPANY
- SECTION 601WCF INCOME OR OTHER DISTRIBUTION RECEIVED BY TRANSFERRING COMPANY
- SECTION 601WCG ACCESS TO BOOKS
- SECTION 601WCH MINISTER OR ASIC MAY SEEK VIEWS OF TRUSTEE COMPANY AND ITS CLIENTS
- SECTION 601WCI AUTHORISATION TO PERFORM FUNCTIONS OR EXERCISE POWERS IN THIS PART
- Division 4 - Miscellaneous
- SECTION 601WDA TRANSFERRING COMPANY REQUIRED TO CONTACT CERTAIN PERSONS
- PART 5D.7 - CONTRAVENTIONS AND HOLDING OUT
- SECTION 601XAA CIVIL LIABILITY OF LICENSED TRUSTEE COMPANIES
- SECTION 601XAB PROHIBITION ON HOLDING OUT
- PART 5D.8 - EXEMPTIONS AND MODIFICATIONS
- SECTION 601YAA EXEMPTIONS AND MODIFICATIONS BY ASIC
- SECTION 601YAB EXEMPTIONS AND MODIFICATIONS BY REGULATIONS
- CHAPTER 6 - TAKEOVERS
- SECTION 602 PURPOSES OF CHAPTER
- SECTION 602A MEANING OF SUBSTANTIAL INTEREST
- SECTION 603 CHAPTER EXTENDS TO SOME LISTED BODIES THAT ARE NOT COMPANIES
- SECTION 604 CHAPTER EXTENDS TO LISTED REGISTERED SCHEMES
- SECTION 605 CLASSES OF SECURITIES
- SECTION 605A CHAPTER DOES NOT APPLY TO MCIs
- PART 6.1 - PROHIBITED ACQUISITIONS OF RELEVANT INTERESTS IN VOTING SHARES
- SECTION 606 PROHIBITION ON CERTAIN ACQUISITIONS OF RELEVANT INTERESTS IN VOTING SHARES
- SECTION 607 EFFECT ON TRANSACTIONS
- SECTION 608 RELEVANT INTERESTS IN SECURITIES
- SECTION 609 SITUATIONS NOT GIVING RISE TO RELEVANT INTERESTS
- SECTION 609A ANOTHER SITUATION NOT GIVING RISE TO RELEVANT INTERESTS - ACCEPTANCE FACILITY
- SECTION 609B ANOTHER SITUATION NOT GIVING RISE TO RELEVANT INTERESTS - SECURITIES SUBJECT TO ESCROW AGREEMENT IN CONNECTION WITH INITIAL PUBLIC OFFER ETC.
- SECTION 610 VOTING POWER IN A BODY OR MANAGED INVESTMENT SCHEME
- PART 6.2 - EXCEPTIONS TO THE PROHIBITION
- SECTION 611 EXCEPTIONS TO THE PROHIBITION
- SECTION 612 EFFECT OF NON-COMPLIANCE WITH TAKEOVER RULES FOR EXCEPTIONS 1 TO 4
- SECTION 613 BIDDER NOT TO EXERCISE VOTING RIGHTS IF FAILURE TO SEND BIDS FOR OFF-MARKET ACQUISITION - EXCEPTION 2 OR 3
- SECTION 615 TREATMENT OF FOREIGN HOLDERS UNDER EQUAL ACCESS ISSUE - EXCEPTION 10
- PART 6.3 - THE DIFFERENT TYPES OF TAKEOVER BID
- SECTION 616 OFF-MARKET BIDS AND MARKET BIDS
- PART 6.4 - FORMULATING THE TAKEOVER OFFER
- Division 1 - General
- SECTION 617 SECURITIES COVERED BY THE BID
- SECTION 618 OFFERS MUST BE FOR ALL OR A PROPORTION OF SECURITIES IN THE BID CLASS
- SECTION 619 GENERAL TERMS OF THE OFFER
- SECTION 620 OFF-MARKET BID (OFFER FORMALITIES)
- Division 2 - Consideration for the offer
- SECTION 621 CONSIDERATION OFFERED
- SECTION 622 ESCALATION AGREEMENTS
- SECTION 623 COLLATERAL BENEFITS NOT ALLOWED
- Division 3 - The offer period
- SECTION 624 OFFER PERIOD
- Division 4 - Conditional offers
- SECTION 625 CONDITIONAL OFFERS - GENERAL
- SECTION 626 MAXIMUM ACCEPTANCE CONDITIONS IN OFF-MARKET BIDS
- SECTION 627 DISCRIMINATORY CONDITIONS NOT ALLOWED FOR OFF-MARKET BIDS
- SECTION 628 CONDITIONS REQUIRING PAYMENTS TO OFFICERS OF TARGET NOT ALLOWED IN OFF-MARKET BIDS
- SECTION 629 CONDITIONS TURNING ON BIDDER ' S OR ASSOCIATE ' S OPINION NOT ALLOWED IN OFF-MARKET BIDS
- SECTION 630 DEFEATING CONDITIONS
- PART 6.5 - THE TAKEOVER PROCEDURE
- Division 1 - The overall procedure
- SECTION 631 PROPOSING OR ANNOUNCING A BID
- SECTION 632 OVERVIEW OF STEPS IN AN OFF-MARKET BID
- SECTION 633 DETAILED STEPS IN AN OFF-MARKET BID
- SECTION 634 OVERVIEW OF STEPS IN A MARKET BID
- SECTION 635 DETAILED STEPS IN A MARKET BID
- Division 2 - The bidder ' s statement
- SECTION 636 BIDDER ' S STATEMENT CONTENT
- SECTION 637 BIDDER ' S STATEMENT FORMALITIES
- Division 3 - The target ' s response
- SECTION 638 TARGET ' S STATEMENT CONTENT
- SECTION 639 TARGET ' S STATEMENT FORMALITIES
- SECTION 640 EXPERT ' S REPORT TO ACCOMPANY TARGET ' S STATEMENT IF BIDDER CONNECTED WITH TARGET
- SECTION 641 TARGET MUST INFORM BIDDER ABOUT SECURITIES HOLDINGS
- SECTION 641A USE OR DISCLOSURE OF INFORMATION OBTAINED FROM TARGET
- SECTION 642 EXPENSES OF DIRECTORS OF TARGET COMPANIES
- Division 4 - Updating and correcting the bidder ' s statement and target ' s statement
- SECTION 643 SUPPLEMENTARY BIDDER ' S STATEMENT
- SECTION 644 SUPPLEMENTARY TARGET ' S STATEMENT
- SECTION 645 FORM OF SUPPLEMENTARY STATEMENT
- SECTION 646 CONSEQUENCES OF LODGING A SUPPLEMENTARY STATEMENT
- SECTION 647 TO WHOM SUPPLEMENTARY STATEMENT MUST BE SENT
- Division 5 - General rules on takeover procedure
- Subdivision A - Experts ' reports
- SECTION 648A EXPERTS ' REPORTS
- Subdivision B - Sending documents to holders of securities
- SECTION 648B ADDRESS AT WHICH BIDDER MAY SEND DOCUMENTS TO HOLDERS OF SECURITIES
- SECTION 648C SENDING DOCUMENTS TO HOLDERS OF SECURITIES - GENERAL
- SECTION 648CB SENDING DOCUMENTS TO HOLDERS OF SECURITIES - EFFECT OF ELECTION BY HOLDER TO BE SENT DOCUMENTS BY TARGET IN PARTICULAR FORM
- Subdivision C - Effect of proportional takeover approval provisions
- SECTION 648D CONSTITUTION MAY CONTAIN PROPORTIONAL TAKEOVER APPROVAL PROVISIONS
- SECTION 648E RESOLUTION TO BE PUT IF PROPORTIONAL BID MADE
- SECTION 648F EFFECT OF REJECTION OF APPROVAL RESOLUTION
- SECTION 648G INCLUDING PROPORTIONAL TAKEOVER PROVISIONS IN CONSTITUTION
- SECTION 648H EFFECT OF SUBDIVISION
- Subdivision D - Telephone monitoring
- PART 6.6 - VARIATION OF OFFERS
- Division 1 - Market bids
- SECTION 649A GENERAL
- SECTION 649B MARKET BIDS - RAISING BID PRICE
- SECTION 649C MARKET BIDS - EXTENDING THE OFFER PERIOD
- Division 2 - Off-market bids (express variation by bidder)
- SECTION 650A GENERAL
- SECTION 650B OFF-MARKET BIDS - CONSIDERATION OFFERED
- SECTION 650C OFF-MARKET BIDS - EXTENSION OF OFFER PERIOD
- SECTION 650D OFF-MARKET BIDS - METHOD OF MAKING VARIATION
- SECTION 650E RIGHT TO WITHDRAW ACCEPTANCE
- SECTION 650F FREEING OFF-MARKET BIDS FROM DEFEATING CONDITIONS
- SECTION 650G CONTRACTS AND ACCEPTANCES VOID IF DEFEATING CONDITION NOT FULFILLED
- Division 3 - Off-market bids (automatic variations)
- SECTION 651A OFF-MARKET BID - EFFECT ON BID CONSIDERATION OF PURCHASES MADE OUTSIDE BID
- SECTION 651B HOW TO MAKE AN ELECTION FOR NEW FORMS OF CONSIDERATION
- SECTION 651C RETURNING SECURITIES AS PART OF ELECTION
- PART 6.7 - WITHDRAWAL AND SUSPENSION OF OFFERS
- SECTION 652A WITHDRAWAL OF UNACCEPTED OFFERS UNDER TAKEOVER BID
- SECTION 652B WITHDRAWAL OF TAKEOVER OFFERS WITH ASIC CONSENT
- SECTION 652C WITHDRAWAL OF MARKET BIDS
- PART 6.8 - ACCEPTANCES
- SECTION 653A ACCEPTANCE OF OFFERS MADE UNDER OFF-MARKET BID
- SECTION 653B ACCEPTANCES BY TRANSFEREES AND NOMINEES OF OFFERS MADE UNDER OFF-MARKET BID
- PART 6.9 - OTHER ACTIVITIES DURING THE BID PERIOD
- SECTION 654A BIDDER NOT TO DISPOSE OF SECURITIES DURING THE BID PERIOD
- SECTION 654B DISCLOSURES ABOUT SUBSTANTIAL SHAREHOLDINGS IN LISTED COMPANIES
- SECTION 654C DISCLOSURES ABOUT SUBSTANTIAL SHAREHOLDINGS IN UNLISTED COMPANIES
- PART 6.10 - REVIEW AND INTERVENTION
- Division 1 - ASIC ' s power to exempt and modify
- SECTION 655A ASIC ' S POWER TO EXEMPT AND MODIFY
- SECTION 655B NOTICE OF DECISION AND REVIEW RIGHTS
- Division 2 - The Takeovers Panel
- Subdivision A - Review of ASIC ' s exercise of its exemption or modification powers
- SECTION 656A REVIEW OF EXERCISE OF EXEMPTION OR MODIFICATION POWERS
- SECTION 656B OPERATION AND IMPLEMENTATION OF A DECISION THAT IS SUBJECT TO REVIEW
- Subdivision B - Unacceptable circumstances
- SECTION 657A DECLARATION OF UNACCEPTABLE CIRCUMSTANCES
- SECTION 657B WHEN TAKEOVERS PANEL MAY MAKE DECLARATION
- SECTION 657C APPLYING FOR DECLARATIONS AND ORDERS
- SECTION 657D ORDERS THAT TAKEOVERS PANEL MAY MAKE FOLLOWING DECLARATION
- SECTION 657E INTERIM ORDERS
- SECTION 657EA INTERNAL TAKEOVERS PANEL REVIEWS
- SECTION 657EB REFERENCES BY COURTS
- SECTION 657F OFFENCE TO CONTRAVENE TAKEOVERS PANEL ORDER
- SECTION 657G ORDERS BY THE COURT WHERE CONTRAVENTION OR PROPOSED CONTRAVENTION OF TAKEOVERS PANEL ORDER
- SECTION 657H ASIC MAY PUBLISH REPORT ABOUT APPLICATION TO TAKEOVERS PANEL OR COURT
- Subdivision C - General provisions
- SECTION 658A POWER OF TAKEOVERS PANEL WHERE A PROCEEDING IS FRIVOLOUS OR VEXATIOUS
- SECTION 658B EVIDENTIARY VALUE OF FINDINGS OF FACT BY TAKEOVERS PANEL
- SECTION 658C TAKEOVERS PANEL ' S POWER TO MAKE RULES
- SECTION 658D INCONSISTENCY BETWEEN TAKEOVERS PANEL RULES AND ASIC EXEMPTION OR DECLARATION
- Division 3 - Court powers
- SECTION 659A TAKEOVERS PANEL MAY REFER QUESTIONS OF LAW TO THE COURT
- SECTION 659AA OBJECT OF SECTIONS 659B AND 659C
- SECTION 659B COURT PROCEEDINGS BEFORE END OF BID PERIOD
- SECTION 659C COURT PROCEEDINGS AFTER END OF BID PERIOD
- CHAPTER 6A - COMPULSORY ACQUISITIONS AND BUY-OUTS
- SECTION 660A CHAPTER EXTENDS TO SOME LISTED BODIES THAT ARE NOT COMPANIES
- SECTION 660B CHAPTER EXTENDS TO LISTED REGISTERED SCHEMES
- SECTION 660C CHAPTER DOES NOT APPLY TO MCIs
- PART 6A.1 - COMPULSORY ACQUISITIONS AND BUY-OUTS FOLLOWING TAKEOVER BID
- Division 1 - Compulsory acquisition of bid class securities
- SECTION 661A COMPULSORY ACQUISITION POWER FOLLOWING TAKEOVER BID
- SECTION 661B COMPULSORY ACQUISITION NOTICE
- SECTION 661C TERMS ON WHICH SECURITIES TO BE ACQUIRED
- SECTION 661D HOLDER MAY OBTAIN NAMES AND ADDRESSES OF OTHER HOLDERS
- SECTION 661E HOLDER MAY APPLY TO COURT TO STOP ACQUISITION
- SECTION 661F SIGNPOST - COMPLETING THE ACQUISITION OF THE SECURITIES
- Division 2 - Compulsory buy-out of bid class securities
- SECTION 662A BIDDER MUST OFFER TO BUY OUT REMAINING HOLDERS OF BID CLASS SECURITIES
- SECTION 662B BIDDER TO TELL REMAINING HOLDERS OF THEIR RIGHT TO BE BOUGHT OUT
- SECTION 662C RIGHT OF REMAINING HOLDER OF SECURITIES IN THE BID CLASS TO BE BOUGHT OUT
- Division 3 - Compulsory buy-out of convertible securities
- SECTION 663A BIDDER MUST OFFER TO BUY OUT HOLDERS OF CONVERTIBLE SECURITIES
- SECTION 663B BIDDER TO TELL HOLDERS OF CONVERTIBLE SECURITIES OF THEIR RIGHT TO BE BOUGHT OUT
- SECTION 663C RIGHT OF HOLDERS OF CONVERTIBLE SECURITIES TO BE BOUGHT OUT
- PART 6A.2 - GENERAL COMPULSORY ACQUISITIONS AND BUY-OUTS
- Division 1 - Compulsory acquisition of securities by 90% holder
- SECTION 664A THRESHOLD FOR GENERAL COMPULSORY ACQUISITION POWER
- SECTION 664AA TIME LIMIT ON EXERCISING COMPULSORY ACQUISITION POWER
- SECTION 664B THE TERMS FOR COMPULSORY ACQUISITION
- SECTION 664C COMPULSORY ACQUISITION NOTICE
- SECTION 664D BENEFITS OUTSIDE COMPULSORY ACQUISITION PROCEDURE
- SECTION 664E HOLDER ' S RIGHT TO OBJECT TO THE ACQUISITION
- SECTION 664F THE COURT ' S POWER TO APPROVE ACQUISITION
- SECTION 664G SIGNPOST - COMPLETING THE ACQUISITION OF THE SECURITIES
- Division 2 - Compulsory buy-out of convertible securities by 100% holder
- SECTION 665A 100% HOLDER MUST OFFER TO BUY OUT HOLDERS OF CONVERTIBLE SECURITIES
- SECTION 665B 100% HOLDER TO TELL HOLDERS OF CONVERTIBLE SECURITIES OF THEIR RIGHT TO BE BOUGHT OUT
- SECTION 665C RIGHT OF HOLDERS OF CONVERTIBLE SECURITIES TO BE BOUGHT OUT
- Division 3 - Notice that person has become 85% holder of a class of securities
- PART 6A.3 - COMPLETION OF COMPULSORY ACQUISITION OF SECURITIES
- SECTION 666A COMPLETING THE ACQUISITION OF SECURITIES
- SECTION 666B STATUTORY PROCEDURE FOR COMPLETION
- PART 6A.4 - EXPERTS ' REPORTS AND VALUATIONS
- SECTION 667A EXPERT ' S REPORT
- SECTION 667AA EXPERT TO BE NOMINATED
- SECTION 667B EXPERT MUST NOT BE AN ASSOCIATE AND MUST DISCLOSE PRIOR DEALINGS AND RELATIONSHIPS
- SECTION 667C VALUATION OF SECURITIES
- PART 6A.5 - RECORDS OF UNCLAIMED CONSIDERATION
- SECTION 668A COMPANY ' S POWER TO DEAL WITH UNCLAIMED CONSIDERATION FOR COMPULSORY ACQUISITION
- SECTION 668B UNCLAIMED CONSIDERATION TO BE TRANSFERRED TO ASIC
- PART 6A.6 - ASIC POWERS
- SECTION 669 ASIC ' S POWER TO EXEMPT AND MODIFY
- PART 6A.7 - MISCELLANEOUS
- SECTION 669A SENDING DOCUMENTS
- CHAPTER 6B - RIGHTS AND LIABILITIES IN RELATION TO CHAPTER 6 AND 6A MATTERS
- SECTION 670A MISSTATEMENTS IN, OR OMISSIONS FROM, TAKEOVER AND COMPULSORY ACQUISITION AND BUY-OUT DOCUMENTS
- SECTION 670B RIGHT TO RECOVER FOR LOSS OR DAMAGE RESULTING FROM CONTRAVENTION
- SECTION 670C PEOPLE LIABLE ON TAKEOVER OR COMPULSORY ACQUISITION STATEMENT TO INFORM MAKER ABOUT DEFICIENCIES IN THE STATEMENT
- SECTION 670D DEFENCES AGAINST PROSECUTIONS UNDER SUBSECTION 670A(3) AND ACTIONS UNDER SECTION 670B
- SECTION 670E LIABILITY FOR PROPOSING A BID OR NOT CARRYING THROUGH WITH BID
- SECTION 670F DEFENCES
- CHAPTER 6C - INFORMATION ABOUT OWNERSHIP OF LISTED COMPANIES, LISTED REGISTERED SCHEMES AND LISTED NOTIFIED FOREIGN PASSPORT FUNDS
- SECTION 671A CHAPTER EXTENDS TO SOME LISTED BODIES THAT ARE NOT COMPANIES
- PART 6C.1 - SUBSTANTIAL HOLDING INFORMATION
- SECTION 671B INFORMATION ABOUT SUBSTANTIAL HOLDINGS MUST BE GIVEN TO COMPANY, RESPONSIBLE ENTITY, FUND OPERATOR AND RELEVANT MARKET OPERATOR
- SECTION 671C CIVIL LIABILITY
- PART 6C.2 - TRACING BENEFICIAL OWNERSHIP OF SHARES
- SECTION 672A DISCLOSURE NOTICES
- SECTION 672B DISCLOSURE BY MEMBER OF RELEVANT INTERESTS AND INSTRUCTIONS
- SECTION 672C ASIC MAY PASS INFORMATION ON TO PERSON WHO MADE REQUEST
- SECTION 672D FEE FOR COMPLYING WITH A DIRECTION GIVEN BY A COMPANY, SCHEME OR FUND UNDER THIS PART
- SECTION 672DA REGISTER OF INFORMATION ABOUT RELEVANT INTERESTS IN LISTED COMPANY, LISTED REGISTERED SCHEME OR LISTED NOTIFIED FOREIGN PASSPORT FUND
- SECTION 672E NO NOTICE OF RIGHTS
- SECTION 672F CIVIL LIABILITY
- PART 6C.3 - ASIC POWERS
- SECTION 673 ASIC ' S POWER TO EXEMPT AND MODIFY
- CHAPTER 6CA - CONTINUOUS DISCLOSURE
- SECTION 674 CONTINUOUS DISCLOSURE - LISTED DISCLOSING ENTITY BOUND BY A DISCLOSURE REQUIREMENT IN MARKET LISTING RULES - REASONABLE PERSON ' S EXPECTATIONS
- SECTION 674A CONTINUOUS DISCLOSURE - LISTED DISCLOSING ENTITY BOUND BY A DISCLOSURE REQUIREMENT IN MARKET LISTING RULES - KNOWLEDGE, RECKLESSNESS OR NEGLIGENCE
- SECTION 675 CONTINUOUS DISCLOSURE - OTHER DISCLOSING ENTITIES - REASONABLE PERSON ' S EXPECTATIONS
- SECTION 675A CONTINUOUS DISCLOSURE - OTHER DISCLOSING ENTITIES - KNOWLEDGE, RECKLESSNESS OR NEGLIGENCE
- SECTION 676 MEANING OF GENERALLY AVAILABLE
- SECTION 677 MATERIAL EFFECT ON PRICE OR VALUE
- SECTION 678 APPLICATION OF CRIMINAL CODE TO OFFENCES BASED ON SUBSECTION 674(2), 674(5) OR 675(2)
- CHAPTER 6D - FUNDRAISING
- PART 6D.1 - APPLICATION OF THE FUNDRAISING PROVISIONS
- SECTION 700 COVERAGE OF THE FUNDRAISING RULES
- SECTION 701 TREATMENT OF OFFERS OF INTERESTS IN MANAGED INVESTMENT SCHEME
- SECTION 702 TREATMENT OF OFFERS OF OPTIONS OVER SECURITIES
- SECTION 703 CHAPTER MAY NOT BE CONTRACTED OUT OF
- SECTION 703A OPERATING A CLEARING AND SETTLEMENT FACILITY IS NOT OFFERING SECURITIES ETC.
- PART 6D.2 - DISCLOSURE TO INVESTORS ABOUT SECURITIES (OTHER THAN FOR CSF OFFERS)
- Division 1 - Overview
- SECTION 703B PART GENERALLY DOES NOT APPLY IN RELATION TO CSF OFFERS
- SECTION 704 WHEN DISCLOSURE TO INVESTORS IS NEEDED
- SECTION 705 TYPES OF DISCLOSURE DOCUMENT
- Division 2 - Offers that need disclosure to investors
- SECTION 706 ISSUE OFFERS THAT NEED DISCLOSURE
- SECTION 707 SALE OFFERS THAT NEED DISCLOSURE
- SECTION 708 OFFERS THAT DO NOT NEED DISCLOSURE
- SECTION 708AA RIGHTS ISSUES THAT DO NOT NEED DISCLOSURE
- SECTION 708A SALE OFFERS THAT DO NOT NEED DISCLOSURE
- Division 3 - Types of disclosure documents
- SECTION 709 PROSPECTUSES, SHORT-FORM PROSPECTUSES, PROFILE STATEMENTS AND OFFER INFORMATION STATEMENTS
- Division 4 - Disclosure requirements
- SECTION 710 PROSPECTUS CONTENT - GENERAL DISCLOSURE TEST
- SECTION 711 PROSPECTUS CONTENT - SPECIFIC DISCLOSURES
- SECTION 712 PROSPECTUS CONTENT - SHORT FORM PROSPECTUSES
- SECTION 713 SPECIAL PROSPECTUS CONTENT RULES FOR CONTINUOUSLY QUOTED SECURITIES
- SECTION 713A OFFER OF SIMPLE CORPORATE BONDS
- SECTION 713B SIMPLE CORPORATE BONDS - 2-PART SIMPLE CORPORATE BONDS PROSPECTUS
- SECTION 713C SIMPLE CORPORATE BONDS - BASE PROSPECTUS
- SECTION 713D SIMPLE CORPORATE BONDS - OFFER-SPECIFIC PROSPECTUS
- SECTION 713E SIMPLE CORPORATE BONDS - PROSPECTUS MAY REFER TO OTHER MATERIAL LODGED WITH ASIC
- SECTION 714 CONTENTS OF PROFILE STATEMENT
- SECTION 715 CONTENTS OF OFFER INFORMATION STATEMENT
- SECTION 715A PRESENTATION ETC. OF DISCLOSURE DOCUMENTS
- SECTION 716 DISCLOSURE DOCUMENT DATE AND CONSENTS
- Division 5 - Procedure for offering securities
- SECTION 717 OVERVIEW OF PROCEDURE FOR OFFERING SECURITIES
- SECTION 718 LODGING OF DISCLOSURE DOCUMENT
- SECTION 719 LODGING SUPPLEMENTARY OR REPLACEMENT DOCUMENT - GENERAL
- SECTION 719A LODGING SUPPLEMENTARY OR REPLACEMENT DOCUMENT - 2-PART SIMPLE CORPORATE BONDS PROSPECTUS
- SECTION 720 CONSENTS NEEDED FOR LODGMENT
- SECTION 721 OFFER MUST BE MADE IN, OR ACCOMPANIED BY, THE DISCLOSURE DOCUMENT
- SECTION 722 APPLICATION MONEY TO BE HELD ON TRUST
- SECTION 723 ISSUING OR TRANSFERRING THE SECURITIES UNDER A DISCLOSURE DOCUMENT
- SECTION 724 CHOICES OPEN TO PERSON MAKING THE OFFER IF DISCLOSURE DOCUMENT CONDITION NOT MET OR DISCLOSURE DOCUMENT DEFECTIVE
- SECTION 725 EXPIRATION OF DISCLOSURE DOCUMENT
- PART 6D.3 - PROHIBITIONS, LIABILITIES AND REMEDIES (OTHER THAN FOR CSF OFFERS)
- Division 1A - Introduction
- SECTION 725A PART GENERALLY DOES NOT APPLY IN RELATION TO CSF OFFERS
- Division 1 - Prohibitions and liabilities
- SECTION 726 OFFERING SECURITIES IN A BODY THAT DOES NOT EXIST
- SECTION 727 OFFERING SECURITIES WITHOUT A CURRENT DISCLOSURE DOCUMENT
- SECTION 728 MISSTATEMENT IN, OR OMISSION FROM, DISCLOSURE DOCUMENT
- SECTION 729 RIGHT TO RECOVER FOR LOSS OR DAMAGE RESULTING FROM CONTRAVENTION
- SECTION 730 PEOPLE LIABLE ON DISCLOSURE DOCUMENT TO INFORM PERSON MAKING THE OFFER ABOUT DEFICIENCIES IN THE DISCLOSURE DOCUMENT
- SECTION 731 DUE DILIGENCE DEFENCE FOR PROSPECTUSES
- SECTION 732 LACK OF KNOWLEDGE DEFENCE FOR OFFER INFORMATION STATEMENTS AND PROFILE STATEMENTS
- SECTION 733 GENERAL DEFENCES FOR ALL DISCLOSURE DOCUMENTS
- SECTION 734 RESTRICTIONS ON ADVERTISING AND PUBLICITY
- SECTION 735 OBLIGATION TO KEEP CONSENTS AND OTHER DOCUMENTS
- SECTION 736 SECURITIES HAWKING PROHIBITED
- Division 2 - Remedies
- SECTION 737 REMEDIES FOR INVESTORS
- SECTION 738 SECURITIES MAY BE RETURNED AND REFUND OBTAINED
- PART 6D.3A - CROWD-SOURCED FUNDING
- Division 1 - Introduction
- SECTION 738A OBJECT
- SECTION 738B MEANING OF CSF OFFER
- SECTION 738C MEANING OF CSF INTERMEDIARY
- SECTION 738D MEANING OF RETAIL CLIENT IN RELATION TO A CSF OFFER
- SECTION 738E OFFER OF THE SECURITIES MAY ALSO BE MADE IN RELIANCE ON SECTION 708
- SECTION 738F APPLICATION OF PROVISIONS OF CHAPTER 7 RELATING TO HOW OBLIGATIONS ETC. APPLY TO DIFFERENT KINDS OF PERSONS
- Division 2 - Offers that are eligible to be made under this Part
- SECTION 738G OFFERS THAT ARE ELIGIBLE TO BE MADE UNDER THIS PART
- SECTION 738H MEANING OF ELIGIBLE CSF COMPANY
- Division 3 - Making offers under this Part
- SECTION 738J CSF OFFER DOCUMENT TO BE PREPARED
- SECTION 738K OTHER REQUIREMENTS FOR CSF OFFER DOCUMENT
- SECTION 738L CSF OFFER DOCUMENT TO BE PUBLISHED ON PLATFORM OF A SINGLE CSF INTERMEDIARY
- SECTION 738M CONSENTS NEEDED FOR PUBLICATION OF CSF OFFER DOCUMENT
- SECTION 738N MEANING OF MADE, OPEN, CLOSED, SUSPENDED AND COMPLETE
- SECTION 738P CSF OFFER DOCUMENT TO BE REMOVED FROM OFFER PLATFORM IF OFFER CLOSES IN CERTAIN CIRCUMSTANCES
- SECTION 738Q GATEKEEPER OBLIGATIONS OF CSF INTERMEDIARIES
- SECTION 738R COMPANY AND RELATED PARTIES NOT TO HAVE MORE THAN ONE CSF OFFER OPEN AT ANY ONE TIME
- SECTION 738S COMPANY MAY NOTIFY RESPONSIBLE INTERMEDIARY THAT IT WANTS CSF OFFER WITHDRAWN
- SECTION 738T WITHDRAWAL OF APPLICATIONS MADE PURSUANT TO CSF OFFER
- Division 4 - Defective etc. CSF offer documents
- SECTION 738U MEANING OF DEFECTIVE
- SECTION 738V OBLIGATION TO NOTIFY COMPANY MAKING OFFER, AND RESPONSIBLE INTERMEDIARY, IF CSF OFFER DOCUMENT IS DEFECTIVE
- SECTION 738W COMPANY MAY PROVIDE REPLACEMENT OR SUPPLEMENTARY CSF DOCUMENT IN CERTAIN CIRCUMSTANCES
- SECTION 738X RESPONSIBLE INTERMEDIARY ' S OBLIGATIONS ON BECOMING AWARE THAT CSF OFFER DOCUMENT IS DEFECTIVE
- SECTION 738Y OTHER LIABILITIES RELATING TO DEFECTIVE CSF OFFER DOCUMENTS
- SECTION 738Z EXCEPTIONS TO LIABILITY UNDER SECTION 738Y
- Division 5 - Other obligations of CSF intermediaries
- SECTION 738ZA GENERAL OBLIGATIONS OF CSF INTERMEDIARIES RELATING TO THEIR PLATFORMS ETC.
- SECTION 738ZB RESPONSIBLE INTERMEDIARY ' S OBLIGATIONS RELATING TO APPLICATION MONEY
- Division 6 - Additional protections for retail clients
- SECTION 738ZC CAPS ON INVESTMENT BY RETAIL CLIENTS PURSUANT TO CSF OFFERS
- SECTION 738ZD COOLING-OFF RIGHTS FOR RETAIL CLIENTS
- SECTION 738ZE COMPANY MAKING CSF OFFER OR CSF INTERMEDIARY ETC. MUST NOT FINANCIALLY ASSIST RETAIL CLIENT TO ACQUIRE SECURITIES
- Division 7 - Other matters
- SECTION 738ZF OFFERING SECURITIES OF A COMPANY THAT DOES NOT EXIST
- SECTION 738ZG RESTRICTIONS ON ADVERTISING AND PUBLICITY
- SECTION 738ZH LIABILITIES UNDER OTHER LAWS NOT AFFECTED
- SECTION 738ZI COMPANIES ELIGIBLE FOR LIMITED GOVERNANCE REQUIREMENTS
- SECTION 738ZJ REGULATIONS RELATING TO HOW CSF INTERMEDIARIES ARE TO DEAL WITH APPLICATIONS
- SECTION 738ZK RELATED PARTY TRANSACTIONS - PROPRIETARY COMPANIES THAT HAVE ONE OR MORE CSF SHAREHOLDERS
- PART 6D.4 - ASIC'S POWERS
- SECTION 739 ASIC STOP ORDERS
- SECTION 740 ANTI-AVOIDANCE DETERMINATIONS
- SECTION 741 ASIC'S POWER TO EXEMPT AND MODIFY
- PART 6D.5 - MISCELLANEOUS
- SECTION 742 EXEMPTIONS AND MODIFICATIONS BY REGULATIONS
- CHAPTER 7 - FINANCIAL SERVICES AND MARKETS
- PART 7.1 - PRELIMINARY
- Division 1 - Object of Chapter and outline of Chapter
- SECTION 760A OBJECT OF CHAPTER
- SECTION 760B OUTLINE OF CHAPTER
- Division 2 - Meaning of some terms relating to financial services and markets
- SECTION 761A MEANING OF SOME TERMS RELATING TO FINANCIAL SERVICES AND MARKETS
- SECTION 761B MEANING OF ARRANGEMENT
- SECTION 761C MEANING OF CARRY ON A FINANCIAL SERVICES BUSINESS
- SECTION 761CAA MEANING OF CLAIMANT INTERMEDIARY
- SECTION 761CA MEANING OF CLASS AND KIND OF FINANCIAL PRODUCTS AND FINANCIAL SERVICES
- SECTION 761D MEANING OF DERIVATIVE
- SECTION 761DA MEANING OF INSURANCE CLAIMS MANAGER
- SECTION 761E MEANING OF ACQUIRE, ISSUE AND PROVIDE
- SECTION 761EA MEANING OF MARGIN LENDING FACILITY , MARGIN CALL AND ASSOCIATED EXPRESSIONS
- SECTION 761F MEANING OF PERSON - GENERALLY INCLUDES A PARTNERSHIP
- SECTION 761FA MEANING OF PERSON - GENERALLY INCLUDES MULTIPLE TRUSTEES
- SECTION 761G MEANING OF RETAIL CLIENT AND WHOLESALE CLIENT
- SECTION 761GA MEANING OF RETAIL CLIENT - SOPHISTICATED INVESTORS
- SECTION 761H REFERENCES TO THIS CHAPTER INCLUDE REFERENCES TO REGULATIONS OR OTHER INSTRUMENTS MADE FOR THE PURPOSES OF THIS CHAPTER
- Division 3 - Meaning of financial product and related terms
- Subdivision A - Preliminary
- SECTION 762A OVERVIEW OF APPROACH TO DEFINING WHAT A FINANCIAL PRODUCT IS
- SECTION 762B WHAT IF A FINANCIAL PRODUCT IS PART OF A BROADER FACILITY?
- SECTION 762C MEANING OF FACILITY
- Subdivision B - The general definition
- SECTION 763A MEANING OF FINANCIAL PRODUCT
- SECTION 763B MEANING OF MAKES A FINANCIAL INVESTMENT
- SECTION 763C MEANING OF MANAGES FINANCIAL RISK
- SECTION 763D MEANING OF MAKES NON-CASH PAYMENTS
- SECTION 763E WHAT IF A FINANCIAL PRODUCT IS ONLY INCIDENTAL?
- Subdivision C - Specific inclusions
- SECTION 764A SPECIFIC THINGS THAT ARE FINANCIAL PRODUCTS (SUBJECT TO SUBDIVISION D)
- Subdivision D - Specific exclusions
- SECTION 765A SPECIFIC THINGS THAT ARE NOT FINANCIAL PRODUCTS
- SECTION 765B FUNERAL EXPENSES FACILITIES ARE NOT FUNERAL BENEFITS
- Division 4 - Meaning of financial service and related terms
- SECTION 766A MEANING OF FINANCIAL SERVICE
- SECTION 766B MEANING OF FINANCIAL PRODUCT ADVICE, PERSONAL ADVICE AND GENERAL ADVICE
- SECTION 766C MEANING OF DEALING
- SECTION 766D MEANING OF MAKES A MARKET
- SECTION 766E MEANING OF CUSTODIAL OR DEPOSITORY SERVICE
- SECTION 766F MEANING OF CROWD-FUNDING SERVICE
- SECTION 766G MEANING OF CLAIMS HANDLING AND SETTLING SERVICE
- SECTION 766H MEANING OF SUPERANNUATION TRUSTEE SERVICE
- Division 5 - Meaning of financial market
- SECTION 767A MEANING OF FINANCIAL MARKET
- Division 6 - Meaning of clearing and settlement facility
- SECTION 768A MEANING OF CLEARING AND SETTLEMENT FACILITY
- Division 7 - General provisions relating to civil and criminal liability
- SECTION 769A PART 2.5 OF CRIMINAL CODE DOES NOT APPLY
- SECTION 769B PEOPLE ARE GENERALLY RESPONSIBLE FOR THE CONDUCT OF THEIR AGENTS, EMPLOYEES ETC.
- SECTION 769C REPRESENTATIONS ABOUT FUTURE MATTERS TAKEN TO BE MISLEADING IF MADE WITHOUT REASONABLE GROUNDS
- PART 7.2 - LICENSING OF FINANCIAL MARKETS
- Division 1 - Preliminary
- SECTION 790A MEANING OF CLEARING AND SETTLEMENT ARRANGEMENTS
- Division 2 - Requirement to be licensed
- SECTION 791A NEED FOR A LICENCE
- SECTION 791B OTHER PROHIBITIONS ON HOLDING OUT
- SECTION 791C EXEMPTIONS BY ASIC
- SECTION 791D WHEN A FINANCIAL MARKET IS OPERATED IN THIS JURISDICTION
- SECTION 791E CRITERIA FOR DECLARATIONS THAT FINANCIAL MARKETS HAVE A MATERIAL CONNECTION WITH THIS JURISDICTION
- SECTION 791F MINISTERIAL CONSENT TO ASIC DETERMINATION REQUIRED
- SECTION 791G REVOKING DECLARATIONS THAT FINANCIAL MARKETS HAVE A MATERIAL CONNECTION WITH THIS JURISDICTION
- Division 3 - Regulation of market licensees
- Subdivision A - Licensee's obligations
- SECTION 792A GENERAL OBLIGATIONS
- SECTION 792B OBLIGATION TO NOTIFY ASIC OF CERTAIN MATTERS
- SECTION 792C GIVING ASIC INFORMATION ABOUT A LISTED DISCLOSING ENTITY
- SECTION 792D OBLIGATION TO ASSIST ASIC
- SECTION 792E OBLIGATION TO GIVE ASIC ACCESS TO MARKET FACILITIES
- SECTION 792F ANNUAL REPORT
- SECTION 792G OBLIGATIONS TO NOTIFY PEOPLE ABOUT CLEARING AND SETTLEMENT ARRANGEMENTS IN CERTAIN CIRCUMSTANCES
- SECTION 792H CHANGE OF COUNTRY BY FOREIGN LICENSEE
- SECTION 792I MAKING INFORMATION ABOUT COMPENSATION ARRANGEMENTS PUBLICLY AVAILABLE
- Subdivision B - The market's operating rules and procedures
- SECTION 793A CONTENT OF THE OPERATING RULES AND PROCEDURES
- SECTION 793B LEGAL EFFECT OF OPERATING RULES
- SECTION 793C ENFORCEMENT OF OPERATING RULES
- SECTION 793D CHANGING THE OPERATING RULES
- SECTION 793E DISALLOWANCE OF CHANGES TO OPERATING RULES
- Subdivision C - Powers of ASIC
- SECTION 794A ASIC ' S DIRECTIONS POWER - PROMOTING COMPLIANCE
- SECTION 794AA ASIC ' S DIRECTIONS POWER - CRISIS RESOLUTION
- SECTION 794AB MATTERS RELATING TO ASIC DIRECTIONS - CRISIS RESOLUTION
- SECTION 794B ASIC ' S POWER TO REQUIRE SPECIAL REPORT
- SECTION 794BA ASIC ' S POWER TO REQUIRE EXPERT REPORT
- SECTION 794C ASIC ASSESSMENT OF LICENSEE ' S COMPLIANCE
- SECTION 794D ASIC ' S DIRECTIONS POWER - PROTECTING DEALINGS IN FINANCIAL PRODUCTS
- SECTION 794DA MATTERS RELATING TO ASIC DIRECTIONS - PROTECTING DEALINGS IN FINANCIAL PRODUCTS
- SECTION 794E ADDITIONAL DIRECTIONS TO CLEARING AND SETTLEMENT FACILITIES
- Division 4 - The Australian market licence
- Subdivision A - How to get a licence
- SECTION 795A HOW TO APPLY FOR A LICENCE
- SECTION 795B WHEN A LICENCE MAY BE GRANTED
- SECTION 795C PUBLICATION OF NOTICE OF LICENCE GRANT
- SECTION 795D MORE THAN ONE LICENCE IN THE SAME DOCUMENT
- SECTION 795E MORE THAN ONE MARKET COVERED BY THE SAME LICENCE
- Subdivision B - The conditions on the licence
- SECTION 796A THE CONDITIONS ON THE LICENCE
- Subdivision C - When a licence can be varied, suspended or cancelled
- SECTION 797A VARYING LICENCES
- SECTION 797B IMMEDIATE SUSPENSION OR CANCELLATION
- SECTION 797C SUSPENSION OR CANCELLATION FOLLOWING HEARING AND REPORT
- SECTION 797D EFFECT OF SUSPENSION
- SECTION 797E VARIATION OR REVOCATION OF SUSPENSION
- SECTION 797F PUBLICATION OF NOTICE OF LICENCE SUSPENSION OR CANCELLATION
- SECTION 797G SUSPENSION AND CANCELLATION ONLY IN ACCORDANCE WITH THIS SUBDIVISION
- Division 5 - Other matters
- SECTION 798A MATTERS TO BE TAKEN INTO ACCOUNT BY ASIC
- SECTION 798B ASIC MAY GIVE ADVICE TO MINISTER
- SECTION 798C MARKET LICENSEE OR RELATED BODY CORPORATE ETC. LISTING ON MARKET
- SECTION 798D EXEMPTIONS AND MODIFICATIONS FOR SELF-LISTING LICENSEES OR RELATED BODIES CORPORATE ETC.
- SECTION 798DA MARKET LICENSEE, RELATED BODY CORPORATE ETC. OR COMPETITOR PARTICIPATING IN MARKET
- SECTION 798E OTHER POTENTIAL CONFLICT SITUATIONS
- PART 7.2A - SUPERVISION OF FINANCIAL MARKETS
- SECTION 798F ASIC TO SUPERVISE FINANCIAL MARKETS
- SECTION 798G MARKET INTEGRITY RULES
- SECTION 798H COMPLYING WITH MARKET INTEGRITY RULES
- SECTION 798J ASIC ' S DIRECTIONS POWER - PROTECTING PEOPLE DEALING IN FINANCIAL PRODUCTS
- SECTION 798JA MATTERS RELATING TO ASIC DIRECTIONS - PROTECTING PEOPLE DEALING IN FINANCIAL PRODUCTS
- SECTION 798JB ASIC ' S DIRECTIONS POWER - CRISIS RESOLUTION
- SECTION 798JC MATTERS RELATING TO ASIC DIRECTIONS - CRISIS RESOLUTION
- SECTION 798K ALTERNATIVES TO CIVIL PROCEEDINGS
- SECTION 798L EXEMPTIONS AND MODIFICATIONS BY REGULATIONS
- SECTION 798M EXEMPTIONS BY ASIC
- PART 7.3 - LICENSING OF CLEARING AND SETTLEMENT FACILITIES
- Division 1 - Requirement to be licensed
- SECTION 820A NEED FOR A LICENCE
- SECTION 820B OTHER PROHIBITIONS ON HOLDING OUT
- SECTION 820C EXEMPTIONS BY ASIC
- SECTION 820CA EXEMPTIONS BY RESERVE BANK
- SECTION 820D WHEN A CLEARING AND SETTLEMENT FACILITY IS OPERATED IN THIS JURISDICTION
- SECTION 820E CRITERIA FOR DECLARATIONS THAT CLEARING AND SETTLEMENT FACILITIES HAVE A MATERIAL CONNECTION WITH THIS JURISDICTION
- SECTION 820F RELEVANT DETERMINATIONS
- SECTION 820G MINISTERIAL CONSENT TO RESERVE BANK OR ASIC DETERMINATION REQUIRED
- SECTION 820H REVOKING DECLARATIONS THAT CLEARING AND SETTLEMENT FACILITIES HAVE A MATERIAL CONNECTION WITH THIS JURISDICTION
- Division 2 - Regulation of CS facility licensees
- Subdivision A - Licensee ' s obligations
- SECTION 821A GENERAL OBLIGATIONS
- SECTION 821B OBLIGATION TO NOTIFY ASIC OF CERTAIN MATTERS
- SECTION 821BA OBLIGATION TO NOTIFY RESERVE BANK OF CERTAIN MATTERS
- SECTION 821C OBLIGATION TO ASSIST
- SECTION 821D OBLIGATION TO GIVE ACCESS TO THE FACILITY
- SECTION 821E ANNUAL REPORT
- SECTION 821F CHANGE OF COUNTRY BY FOREIGN LICENSEE
- Subdivision AA - Obligations on licensees and certain related bodies and persons
- SECTION 821H NOTIFICATION OF RECAPITALISATION OR RESTRUCTURING
- SECTION 821J NOTICE OF ANY OTHER MATERIAL CHANGES IN CIRCUMSTANCES
- SECTION 821K NOTIFICATION OF APPOINTMENT OF EXTERNAL ADMINISTRATOR
- SECTION 821L NOTIFICATION FROM LIQUIDATOR AND REQUEST FOR INFORMATION ABOUT WINDING UP
- Subdivision B - The facility ' s operating rules and procedures
- SECTION 822A CONTENT OF THE OPERATING RULES AND PROCEDURES
- SECTION 822B LEGAL EFFECT OF OPERATING RULES
- SECTION 822C ENFORCEMENT OF OPERATING RULES
- SECTION 822D CHANGING THE OPERATING RULES
- SECTION 822E DISALLOWANCE OF CHANGES TO OPERATING RULES
- Subdivision C - Powers of ASIC and the Reserve Bank in relation to licensees
- SECTION 823A ASIC ' S POWER TO GIVE DIRECTIONS
- SECTION 823B ASIC ' S POWER TO REQUIRE SPECIAL REPORT
- SECTION 823BA RESERVE BANK ' S POWER TO REQUIRE SPECIAL REPORT
- SECTION 823BB ASIC ' S POWER TO REQUIRE EXPERT REPORT
- SECTION 823BC RESERVE BANK ' S POWER TO REQUIRE EXPERT REPORT
- SECTION 823C ASIC ASSESSMENT OF LICENSEE ' S COMPLIANCE
- SECTION 823CA RESERVE BANK ASSESSMENT OF COMPLIANCE
- SECTION 823D ASIC ' S DIRECTIONS POWER - PROTECTING DEALINGS IN FINANCIAL PRODUCTS AND ENSURING FAIR AND EFFECTIVE PROVISION OF SERVICES BY CS FACILITIES
- SECTION 823DA MATTERS RELATING TO ASIC DIRECTIONS - PROTECTING DEALINGS IN FINANCIAL PRODUCTS AND ENSURING FAIR AND EFFECTIVE PROVISION OF SERVICES BY CS FACILITIES
- Subdivision D - Reserve Bank ' s directions powers
- SECTION 823E RESERVE BANK ' S DIRECTIONS POWER - DIRECTIONS TO INCREASE COMPLIANCE OR REDUCE SYSTEMIC RISK
- SECTION 823F RESERVE BANK ' S DIRECTIONS POWER - DIRECTIONS TO PRESERVE STABILITY IN THE AUSTRALIAN FINANCIAL SYSTEM
- SECTION 823G RESERVE BANK ' S DIRECTIONS POWER - DIRECTIONS TO ENHANCE RESOLVABILITY
- SECTION 823H RESERVE BANK ' S DIRECTIONS POWER - DIRECTIONS TO GIVE INFORMATION TO ASSIST THE RESERVE BANK PERFORM ITS FUNCTIONS
- SECTION 823J MATTERS RELATING TO ALL RESERVE BANK DIRECTIONS - ORDER FOR BODY CORPORATE TO COMPLY WITH DIRECTION
- SECTION 823K MATTERS RELATING TO ALL RESERVE BANK DIRECTIONS - VARIATION OR REVOCATION
- Subdivision E - Matters relating to Reserve Bank recapitalisation directions
- SECTION 823L RECAPITALISATION DIRECTIONS - MATTERS RELATING TO COMPLIANCE
- SECTION 823M RECAPITALISATION DIRECTIONS - RESERVE BANK MUST OBTAIN EXPERT ' S REPORT ON THE FAIR VALUE OF SHARES ETC.
- SECTION 823N RECAPITALISATION DIRECTIONS - DETERMINATION OF THE FAIR VALUE OF SHARES OR RIGHTS BY AN EXPERT
- SECTION 823P RECAPITALISATION DIRECTIONS - WORKING OUT THE FAIR VALUE OF OTHER CAPITAL INSTRUMENTS
- SECTION 823Q RECAPITALISATION DIRECTIONS - CONTRAVENING CERTAIN PROVISIONS DOES NOT AFFECT THE VALIDITY OF THE DIRECTION ETC.
- SECTION 823R RECAPITALISATION DIRECTIONS - EXCEPTIONS TO PART IV OF THE COMPETITION AND CONSUMER ACT 2010
- Subdivision F - Other matters relating to Reserve Bank directions
- SECTION 823S DIRECTIONS TO PRESERVE STABILITY IN THE AUSTRALIAN FINANCIAL SYSTEM - RELATIONSHIP WITH OTHER PROVISIONS
- SECTION 823T ALL RESERVE BANK DIRECTIONS - PUBLISHING DETAILS ABOUT DIRECTIONS
- SECTION 823U ALL RESERVE BANK DIRECTIONS - INJUNCTIONS
- Subdivision G - Other matters relating to ASIC or Reserve Bank powers
- SECTION 823V EXERCISE OF RESERVE BANK POWERS TO GIVE DIRECTIONS UNDER SECTION 823F NOT GROUNDS FOR DENIAL OF OBLIGATIONS
- SECTION 823W ALL ASIC AND RESERVE BANK DIRECTIONS ETC. UNDER THIS PART - FAILURE BY OFFICERS TO TAKE REASONABLE STEPS TO ENSURE COMPLIANCE
- SECTION 823X ALL ASIC AND RESERVE BANK DIRECTIONS UNDER THIS PART - PROTECTION FROM LIABILITY FOR COMPLIANCE IN GOOD FAITH
- Division 3 - The Australian CS facility licence
- Subdivision A - How to get a licence
- SECTION 824A HOW TO APPLY FOR A LICENCE
- SECTION 824B WHEN A LICENCE MAY BE GRANTED
- SECTION 824C PUBLICATION OF NOTICE OF LICENCE GRANT
- SECTION 824D MORE THAN ONE LICENCE IN THE SAME DOCUMENT
- SECTION 824E MORE THAN ONE CS FACILITY COVERED BY THE SAME LICENCE
- Subdivision B - The conditions on the licence
- SECTION 825A THE CONDITIONS ON THE LICENCE
- Subdivision C - When a licence can be varied, suspended or cancelled
- SECTION 826A VARYING LICENCES
- SECTION 826B IMMEDIATE SUSPENSION OR CANCELLATION
- SECTION 826C SUSPENSION OR CANCELLATION FOLLOWING HEARING AND REPORT
- SECTION 826D EFFECT OF SUSPENSION
- SECTION 826E VARIATION OR REVOCATION OF SUSPENSION
- SECTION 826F PUBLICATION OF NOTICE OF LICENCE SUSPENSION OR CANCELLATION
- SECTION 826G SUSPENSION AND CANCELLATION ONLY IN ACCORDANCE WITH THIS SUBDIVISION
- Division 3A - CS facility rules
- Subdivision A - Power to make CS facility rules
- SECTION 826H CS FACILITY RULES
- Subdivision B - Compliance with CS facility rules
- SECTION 826J COMPLYING WITH CS FACILITY RULES
- SECTION 826K INCONSISTENCY WITH OTHER INSTRUMENTS
- SECTION 826L ALTERNATIVES TO CIVIL PROCEEDINGS
- Subdivision C - The process of making CS facility rules
- SECTION 826M ASIC TO CONSULT BEFORE MAKING RULES
- SECTION 826N MINISTERIAL CONSENT TO RULES REQUIRED
- SECTION 826P EMERGENCY RULES - CONSULTATION AND CONSENT NOT REQUIRED
- SECTION 826Q CRISIS RESOLUTION - CONSULTATION AND CONSENT NOT REQUIRED
- SECTION 826R VARIATION AND REVOCATION OF RULES
- Subdivision D - Limitations
- SECTION 826S REGULATIONS MAY LIMIT HOW RULES MAY DEAL WITH CERTAIN MATTERS
- Subdivision E - Exemptions
- SECTION 826T PROVISIONS COVERED BY THIS SUBDIVISION
- SECTION 826U EXEMPTIONS AND MODIFICATIONS BY REGULATIONS
- Division 4 - Other matters
- SECTION 827A MATTERS TO BE TAKEN INTO ACCOUNT BY ASIC
- SECTION 827B ASIC MAY GIVE ADVICE TO MINISTER AND RESERVE BANK
- SECTION 827C RESERVE BANK MAY GIVE ADVICE TO MINISTER AND ASIC
- SECTION 827D RESERVE BANK MAY DETERMINE FINANCIAL STABILITY STANDARDS
- SECTION 827DA RESERVE BANK MAY DETERMINE RESOLVABILITY STANDARDS FOR CS FACILITY LICENSEES AND CERTAIN RELATED BODIES CORPORATE
- SECTION 827DB RESOLUTION PLANNING
- SECTION 827E CERTAIN POWERS - CONSULTATION BETWEEN ASIC AND THE RESERVE BANK
- PART 7.3A - CS SERVICES
- Division 1 - Preliminary
- SECTION 828 MEANING OF CS SERVICE
- Division 2 - Regulation of CS services: CS services rules
- Subdivision A - Power to make CS services rules
- SECTION 828A CS SERVICES RULES
- SECTION 828B CS SERVICES IN RELATION TO WHICH RULES MAY IMPOSE REQUIREMENTS
- Subdivision B - Compliance with CS services rules
- SECTION 828C OBLIGATION TO COMPLY WITH CS SERVICES RULES
- SECTION 828D OBLIGATION TO NOTIFY ASIC IN RESPECT OF BREACH
- SECTION 828E ALTERNATIVES TO CIVIL PROCEEDINGS
- SECTION 828F FAILURE TO COMPLY WITH CS SERVICES RULES DOES NOT INVALIDATE TRANSACTION ETC.
- Subdivision C - Power of ASIC to give directions etc.
- SECTION 828G ASIC ' S POWER TO GIVE DIRECTIONS TO PERSON NOT COMPLYING WITH OBLIGATIONS
- Subdivision D - The process of making CS services
- SECTION 828H MATTERS TO WHICH ASIC MUST HAVE REGARD WHEN MAKING RULES
- SECTION 828J ASIC TO CONSULT BEFORE MAKING RULES
- SECTION 828K MINISTERIAL CONSENT TO RULES REQUIRED
- SECTION 828L EMERGENCY RULES: CONSULTATION AND CONSENT NOT REQUIRED
- SECTION 828M AMENDMENT AND REVOCATION OF CS SERVICES RULES
- Division 3 - Other provisions
- SECTION 828N ASIC MAY GIVE ADVICE TO MINISTER
- SECTION 828P ACCC MAY GIVE ADVICE TO MINISTER
- SECTION 828Q RESERVE BANK MAY GIVE ADVICE TO MINISTER
- SECTION 828R EXEMPTIONS BY THE REGULATIONS OR BY ASIC
- PART 7.3B - CRISIS RESOLUTION FOR CS FACILITY LICENSEES
- DIVISION 1 - PRELIMINARY
- SECTION 830A SIMPLIFIED OUTLINE OF THIS PART
- SECTION 830B OBJECT OF THIS PART
- DIVISION 2 - CRISIS RESOLUTION FOR CS FACILITY LICENSEES
- SECTION 831A RESERVE BANK MAY EXERCISE CRISIS RESOLUTION POWERS IF CERTAIN CONDITIONS ARE SATISFIED
- DIVISION 3 - STATUTORY MANAGEMENT
- Subdivision A - Statutory management of body corporate in relation to CS facility licensee in crisis
- SECTION 832A STATUTORY MANAGER TAKES CONTROL OF BODY CORPORATE
- SECTION 832B TERMINATION OF APPOINTMENT OF STATUTORY MANAGER
- SECTION 832C WHEN A STATUTORY MANAGER IS IN CONTROL
- Subdivision B - Powers of statutory manager
- SECTION 833A ROLE OF THE STATUTORY MANAGER
- SECTION 833B POWERS TO REMOVE DIRECTOR ETC.
- SECTION 833C POWER TO ALTER BODY CORPORATE ' S CONSTITUTION ETC.
- SECTION 833D POWERS TO FACILITATE RECAPITALISATION
- SECTION 833E STATUTORY MANAGER MAY REQUEST INFORMATION ETC. TO BE GIVEN
- SECTION 833F STATUTORY MANAGER ACTS AS BODY CORPORATE ' S AGENT
- Subdivision C - Effect of statutory manager assuming control
- SECTION 834A EXERCISE OF DIRECTORS ' POWERS WHILE BODY CORPORATE UNDER STATUTORY MANAGEMENT
- SECTION 834B EFFECT OF THINGS DONE DURING STATUTORY MANAGEMENT OF BODY CORPORATE
- SECTION 834C EFFECT OF STATUTORY MANAGEMENT ON BODY CORPORATE ' S MEMBERS
- Subdivision D - Additional duties of statutory manager
- SECTION 835A REPORTING TO RESERVE BANK
- SECTION 835B RESERVE BANK ' S DIRECTIONS POWER - DIRECTIONS TO STATUTORY MANAGER
- SECTION 835C CONSENT TO TAKE ACTION THAT MAY AFFECT FINANCIAL SYSTEM STABILITY IN AUSTRALIA
- Subdivision E - Other matters
- SECTION 836A EFFECT ON EXTERNAL ADMINISTRATION
- SECTION 836B APPOINTMENT OF 2 OR MORE STATUTORY MANAGERS OF BODY CORPORATE
- SECTION 836C COSTS OF STATUTORY MANAGEMENT
- SECTION 836D ANNUAL GENERAL MEETING NEED NOT BE HELD
- SECTION 836E DEALING WITH PROPERTY SUBJECT TO CIRCULATING SECURITY INTERESTS
- SECTION 836F WHEN STATUTORY MANAGER MAY DISPOSE OF ENCUMBERED PROPERTY
- SECTION 836G PROCEEDS OF SALE OF PROPERTY
- SECTION 836H SUPPLY OF ESSENTIAL SERVICES
- SECTION 836J STATUTORY MANAGER HAS QUALIFIED PRIVILEGE
- SECTION 836K PROTECTION OF PERSONS DEALING WITH STATUTORY MANAGER
- Division 4 - Compulsory transfer of business or shares
- Subdivision A - Compulsory transfer of business or shares of body corporate in relation to CS facility licensee in crisis
- SECTION 837A COMPULSORY TRANSFER OF SHARES IN BODY CORPORATE
- SECTION 837B COMPULSORY TRANSFER OF BUSINESS OF BODY CORPORATE
- SECTION 837C WHEN CONSENT OF RECEIVING BODY IS IN FORCE
- SECTION 837D AGREEMENT ABOUT HOW TRANSFER IS TO BE EFFECTED
- SECTION 837E DETERMINATION MAY IMPOSE CONDITIONS
- SECTION 837F DETERMINATION THAT TRANSFER IS NOT TO TAKE EFFECT
- Subdivision B - Transfer process
- SECTION 838A CERTIFICATE OF TRANSFER
- SECTION 838B TIME AND EFFECT OF TRANSFER OF SHARES
- SECTION 838C TIME AND EFFECT OF TRANSFER OF BUSINESS
- Subdivision C - Other matters
- SECTION 839A PARTIAL TRANSFER OF NETTING CONTRACTS VOID
- SECTION 839B RESERVE BANK MAY PROVIDE INFORMATION TO RECEIVING BODY
- SECTION 839C CERTIFICATES IN RELATION TO LAND AND INTERESTS IN LAND
- SECTION 839D CERTIFICATES IN RELATION TO OTHER ASSETS
- SECTION 839E DOCUMENTS PURPORTING TO BE CERTIFICATES
- SECTION 839F CONSTRUCTION OF REFERENCES IN INSTRUMENTS TO TARGET BODY
- SECTION 839G INCOME OR OTHER DISTRIBUTION RECEIVED BY TARGET BODY
- SECTION 839H ACCESS TO BOOKS
- SECTION 839J RELATIONSHIP OF DIVISION WITH OTHER LAWS ETC.
- SECTION 839K RESERVE BANK ' S RULES MAY MAKE SPECIAL PROVISION IN RELATION TO COMPULSORY TRANSFER
- Division 5 - Directions
- Subdivision A - Directions to manage or respond to crisis
- SECTION 840A RESERVE BANK ' S DIRECTIONS POWER - MANAGE OR RESPOND TO CRISIS
- SECTION 840B MATTERS RELATING TO RESERVE BANK DIRECTIONS - MANAGE OR RESPOND TO CRISIS
- SECTION 840C DIRECTIONS TO MANAGE OR RESPOND TO CRISIS - RELATIONSHIP WITH OTHER PROVISIONS
- Subdivision B - Directions to give information to assist crisis management
- SECTION 841A RESERVE BANK ' S DIRECTIONS POWER - INFORMATION TO ASSIST CRISIS MANAGEMENT
- SECTION 841B MATTERS RELATING TO RESERVE BANK DIRECTIONS - INFORMATION TO ASSIST CRISIS MANAGEMENT
- Division 6 - Moratorium on action during statutory management or compulsory transfer
- Subdivision A - Circumstances to which moratorium is relevant
- SECTION 842A CIRCUMSTANCES TO WHICH MORATORIUM IS RELEVANT
- Subdivision B - Stay on enforcement rights triggered by statutory management or compulsory transfer
- SECTION 843A STAY ON ENFORCING RIGHTS MERELY BECAUSE THE BODY CORPORATE IS UNDER STATUTORY MANAGEMENT OR SUBJECT TO A TRANSFER DETERMINATION
- SECTION 843B EXCEPTIONS
- SECTION 843C STAY ON BODY CORPORATE ' S RIGHT TO NEW ADVANCE OF MONEY OR CREDIT
- SECTION 843D SELF-EXECUTING PROVISIONS
- SECTION 843E WHEN OTHER LAWS PREVAIL - CERTAIN OTHER COMMONWEALTH ACTS
- SECTION 843F CIRCUMSTANCES WHERE A TRANSACTION BY STATUTORY MANAGER NOT VOIDABLE UNDER SECTION 588FE
- Subdivision C - Protection of body corporate ' s property
- SECTION 844A WINDING UP BODY CORPORATE
- SECTION 844B RESTRICTIONS ON EXERCISE OF THIRD PARTY PROPERTY RIGHTS
- SECTION 844C STAY OF PROCEEDINGS
- SECTION 844D RESERVE BANK AND STATUTORY MANAGER NOT LIABLE IN DAMAGES FOR REFUSING CONSENT
- SECTION 844E SUSPENSION OF ENFORCEMENT PROCESS
- SECTION 844F DUTIES OF COURT OFFICER IN RELATION TO PROPERTY OF A BODY CORPORATE
- Subdivision D - General power to make orders
- SECTION 845A GENERAL POWER TO MAKE ORDERS
- Division 7 - Funding for crisis resolution
- SECTION 846A AUTHORISING ARRANGEMENTS FOR THE PURPOSES OF CRISIS RESOLUTION
- SECTION 846B APPROPRIATION OF CONSOLIDATED REVENUE FUND
- Division 8 - Cross-border crisis resolution
- SECTION 847A RESERVE BANK MAY RECOGNISE CRISIS RESOLUTION OF FOREIGN OPERATOR OF A CLEARING AND SETTLEMENT FACILITY
- Division 9 - Other matters
- Subdivision A - Secrecy determinations
- SECTION 848A DETERMINATIONS THAT INFORMATION IS COVERED BY SECRECY PROVISION
- SECTION 848B VARIATION OR REVOCATION OF DETERMINATIONS
- SECTION 848C PROHIBITION ON DISCLOSING INFORMATION COVERED BY SECRECY PROVISION
- SECTION 848D DISCLOSURE OF PUBLICLY AVAILABLE INFORMATION
- SECTION 848E DISCLOSURE ALLOWED BY THE RESERVE BANK
- SECTION 848F DISCLOSURE FOR THE PURPOSE OF SEEKING REVIEW OR LEGAL ADVICE
- SECTION 848G DISCLOSURE UNDER THE RESERVE BANK ACT
- SECTION 848H DISCLOSURE UNDER THE ASIC ACT
- SECTION 848J DISCLOSURE IN CIRCUMSTANCES DETERMINED BY THE MINISTER
- SECTION 848K DISCLOSURE FOR SAME PURPOSE
- SECTION 848L EXCEPTIONS OPERATE INDEPENDENTLY
- Subdivision B - Other powers of Reserve Bank
- SECTION 849AA RESERVE BANK MAY APPLY FOR BODY CORPORATE TO BE WOUND UP
- SECTION 849AB RESERVE BANK MAY REQUEST ASIC TO MAKE RULES OR GIVE DIRECTIONS
- Subdivision C - Temporary suspension of termination rights
- SECTION 849BA APPLICATION OF THIS SUBDIVISION
- SECTION 849BB STAY ON EXERCISING TERMINATION RIGHTS
- SECTION 849BC SELF-EXECUTING PROVISIONS
- SECTION 849BD WHEN OTHER LAWS PREVAIL - CERTAIN OTHER COMMONWEALTH ACTS
- SECTION 849BE CIRCUMSTANCES WHERE A TRANSACTION BY STATUTORY MANAGER NOT VOIDABLE UNDER SECTION 588FE
- SECTION 849BF GENERAL POWER TO MAKE ORDERS
- Subdivision D - Other matters
- SECTION 849CA RESERVE BANK MAY OBJECT TO EXERCISE OF CERTAIN POWERS BY ASIC DURING CRISIS RESOLUTION
- SECTION 849CB EXPERT REPORT FOR ACQUISITION OR DISPOSAL OF ASSETS
- SECTION 849CC EXERCISE OF RESERVE BANK POWERS UNDER THIS PART NOT GROUNDS FOR DENIAL OF OBLIGATIONS
- SECTION 849CD PROTECTION FROM LIABILITY FOR ACTS OR OMISSIONS IN GOOD FAITH
- SECTION 849CE COMPENSATION FOR ACQUISITION OF PROPERTY
- PART 7.4 - LIMITS ON INVOLVEMENT WITH LICENSEES
- Division 1 - Limit on control of certain licensees
- Subdivision A - 20% voting power limit
- SECTION 850A SCOPE OF DIVISION
- SECTION 850B MEANING OF UNACCEPTABLE CONTROL SITUATION
- SECTION 850C ACQUISITIONS OF SHARES
- SECTION 850D ORDERS TO REMEDY UNACCEPTABLE CONTROL SITUATION
- SECTION 850E INJUNCTIONS
- Subdivision B - Approval to exceed 20% voting power limit
- SECTION 851A APPLICATION FOR APPROVAL TO EXCEED 20% VOTING POWER LIMIT
- SECTION 851B APPROVAL OF APPLICATION
- SECTION 851C DURATION OF APPROVAL
- SECTION 851D CONDITIONS OF APPROVAL
- SECTION 851E VARYING PERCENTAGE APPROVED
- SECTION 851F REVOKING AN APPROVAL
- SECTION 851G FURTHER INFORMATION ABOUT APPLICATIONS
- SECTION 851H TIME LIMIT FOR MINISTER'S DECISION
- SECTION 851I PRESERVATION OF VOTING POWER
- Subdivision C - Other matters
- SECTION 852A ACQUISITION OF PROPERTY
- SECTION 852B ANTI-AVOIDANCE
- Division 1A - Limit on control of certain Australian licensees that are not widely held market bodies
- Subdivision A - Scope and interpretation
- SECTION 852DA SCOPE OF DIVISION
- SECTION 852DB MEANING OF UNACCEPTABLE CONTROL SITUATION
- SECTION 852DC MEANING OF PASSES THE LEGITIMATE CONTROL TEST
- Subdivision B - 20% voting power limit
- SECTION 852DD ACQUISITION OF SHARES
- SECTION 852DE REMEDIAL ORDERS
- SECTION 852DF INJUNCTIONS
- Subdivision C - Approvals to exceed 20% voting power limit
- SECTION 852DG APPLICATION FOR APPROVAL TO EXCEED 20% VOTING POWER LIMIT
- SECTION 852DH DECISION ON THE APPLICATION
- SECTION 852DJ DURATION OF APPROVAL
- SECTION 852DK EXTENSION OF APPROVAL
- SECTION 852DL CONDITIONS OF APPROVAL
- SECTION 852DM VARYING AN APPROVAL
- SECTION 852DN REVOKING AN APPROVAL
- SECTION 852DP FURTHER INFORMATION ABOUT APPLICATIONS
- SECTION 852DQ APPLICANT MUST UPDATE ASIC WITH CORRECT INFORMATION
- SECTION 852DR TIME LIMIT FOR ASIC ' S DECISION
- Subdivision D - Other matters
- SECTION 852DS ACQUISITION OF PROPERTY
- SECTION 852DT ANTI-AVOIDANCE
- Division 2 - Individuals who are not fit and proper are disqualified
- SECTION 853A MEANING OF DISQUALIFIED INDIVIDUAL
- SECTION 853B MEANING OF INVOLVED - IN SOME LICENSEES OR APPLICANTS FOR A LICENCE
- SECTION 853C DECLARATION BY ASIC
- SECTION 853D PROCEDURE FOR DECLARATION
- SECTION 853E REVOKING A DECLARATION
- SECTION 853F OBLIGATIONS ON DISQUALIFIED INDIVIDUALS
- SECTION 853G NOTIFICATION BY ASIC
- Division 3 - Miscellaneous
- SECTION 854A RECORD-KEEPING AND GIVING OF INFORMATION
- SECTION 854B EXEMPTIONS AND MODIFICATIONS BY REGULATIONS
- PART 7.5 - COMPENSATION REGIMES FOR FINANCIAL MARKETS
- Division 1 - Preliminary
- SECTION 880A PART DOES NOT APPLY TO MARKETS LICENSED UNDER SPECIAL PROVISIONS ABOUT OVERSEAS MARKETS
- SECTION 880B MEANING OF SOME TERMS RELATING TO COMPENSATION REGIMES FOR FINANCIAL MARKETS
- Division 2 - When there must be a compensation regime
- SECTION 881A LICENSED MARKETS THROUGH WHICH PARTICIPANTS PROVIDE SERVICES FOR RETAIL CLIENTS MUST GENERALLY HAVE A COMPENSATION REGIME
- SECTION 881B ADDITIONAL REQUIREMENTS FOR THE LICENCE APPLICATION
- SECTION 881C WHAT HAPPENS IF AN APPLICATION CONTAINS INFORMATION IN ACCORDANCE WITH PARAGRAPH 881B(2)(c)
- SECTION 881D WHAT HAPPENS IF AN APPLICATION CONTAINS A STATEMENT IN ACCORDANCE WITH PARAGRAPH 881B(2)(d)
- Division 3 - Approved compensation arrangements
- Subdivision A - Approval of compensation arrangements
- SECTION 882A HOW TO GET COMPENSATION ARRANGEMENTS APPROVED WITH GRANT OF LICENCE
- SECTION 882B HOW TO GET COMPENSATION ARRANGEMENTS APPROVED AFTER LICENCE IS GRANTED
- SECTION 882C REVOCATION OF APPROVAL
- SECTION 882D ASIC ' S POWER TO GIVE DIRECTIONS
- Subdivision B - Effect of compensation rules forming part of Division 3 arrangements
- SECTION 883A LEGAL EFFECT OF COMPENSATION RULES
- SECTION 883B ENFORCEMENT OF COMPENSATION RULES
- SECTION 883C OTHER SOURCES OF FUNDS FOR COMPENSATION
- SECTION 883D PAYMENT OF LEVIES
- Subdivision C - Changing Division 3 arrangements
- SECTION 884A DIVISION 3 ARRANGEMENTS MUST GENERALLY ONLY BE CHANGED IN ACCORDANCE WITH THIS SUBDIVISION
- SECTION 884B CHANGING DIVISION 3 ARRANGEMENTS - MATTERS REQUIRED TO BE DEALT WITH IN THE COMPENSATION RULES
- SECTION 884C CHANGING DIVISION 3 ARRANGEMENTS - MATTERS NOT REQUIRED TO BE DEALT WITH IN THE COMPENSATION RULES
- Subdivision D - Are compensation arrangements adequate?
- SECTION 885A PURPOSE OF THIS SUBDIVISION
- SECTION 885B REQUIREMENTS TO BE COMPLIED WITH FOR ARRANGEMENTS TO BE ADEQUATE
- SECTION 885C THE LOSSES TO BE COVERED
- SECTION 885D CERTAIN LOSSES THAT ARE NOT DIVISION 3 LOSSES
- SECTION 885E THE AMOUNT OF COMPENSATION
- SECTION 885F METHOD OF PAYMENT OF COMPENSATION
- SECTION 885G MAKING AND DETERMINATION OF CLAIMS
- SECTION 885H THE SOURCE OF FUNDS - GENERAL
- SECTION 885I ADMINISTRATION AND MONITORING
- SECTION 885J THE LOSSES TO BE COVERED - OTHER MATTERS TO BE TAKEN INTO ACCOUNT
- Subdivision E - Other provisions about Division 3 arrangements
- SECTION 886A ONLY ONE CLAIM IN RESPECT OF THE SAME LOSS
- SECTION 886B REGULATIONS RELATING TO FIDELITY FUNDS
- Division 4 - NGF Compensation regime
- Subdivision A - Application of Division
- SECTION 887A MARKETS TO WHICH THIS DIVISION APPLIES
- Subdivision B - Claims for and payment of compensation
- SECTION 888A THE SITUATIONS IN WHICH COMPENSATION MAY BE CLAIMED
- SECTION 888B KINDS OF COMPENSATION AVAILABLE
- SECTION 888C AMOUNT OF COMPENSATION PAYABLE
- SECTION 888D PAYMENT OF COMPENSATION
- SECTION 888E MAKING AND DETERMINATION OF CLAIMS
- SECTION 888F THE SEGC HAS POWER TO DETERMINE CLAIMS
- SECTION 888G ALLOWING A CLAIM DOES NOT CONSTITUTE AN ADMISSION OF ANY OTHER LIABILITY
- SECTION 888H CLAIMANT MAY APPLY TO COURT IF CLAIM DISALLOWED
- SECTION 888I NON-NGF PROPERTY OF THE SEGC NOT AVAILABLE TO MEET CLAIMS
- SECTION 888J THE SEGC MAY ENTER INTO CONTRACTS OF INSURANCE OR INDEMNITY
- SECTION 888K NGF MAY BE USED TO ACQUIRE FINANCIAL PRODUCTS TO BE TRANSFERRED AS COMPENSATION
- Subdivision C - The NGF
- SECTION 889A CONTINUATION OF THE NATIONAL GUARANTEE FUND
- SECTION 889B COMPENSATION TO BE PROVIDED OUT OF THE NGF
- SECTION 889C THE SEGC TO KEEP THE NGF
- SECTION 889D WHAT THE NGF CONSISTS OF
- SECTION 889E POWER TO BORROW ETC. FOR PURPOSES OF THE NGF
- SECTION 889F MONEY BORROWED AND PAID TO THE SEGC
- SECTION 889G MONEY BORROWED AND NOT PAID TO THE SEGC
- SECTION 889H PAYMENTS OUT OF THE NGF
- SECTION 889I MINIMUM AMOUNT OF THE NGF
- SECTION 889J LEVY BY THE SEGC
- SECTION 889K LEVY BY MARKET OPERATOR
- Subdivision D - The SEGC
- SECTION 890A MINISTER TO NOMINATE THE SEGC
- SECTION 890B THE SEGC'S FUNCTIONS AND POWERS
- SECTION 890C DELEGATION
- SECTION 890D OPERATING RULES OF THE SEGC
- SECTION 890E LEGAL EFFECT OF THE SEGC'S OPERATING RULES
- SECTION 890F ENFORCEMENT OF THE SEGC'S OPERATING RULES
- SECTION 890G CHANGING THE SEGC'S OPERATING RULES
- SECTION 890H DISALLOWANCE OF CHANGES TO THE SEGC ' S OPERATING RULES
- Subdivision E - Other provisions relating to compensation under this Division
- SECTION 891A PAYMENT OUT OF THE NGF TO PRESCRIBED BODY WITH ARRANGEMENTS COVERING CLEARING AND SETTLEMENT FACILITY SUPPORT
- SECTION 891B MARKETS OPERATED BY BODIES CORPORATE THAT BECOME MEMBERS OF THE SEGC - REGULATIONS MAY DEAL WITH TRANSITIONAL PROVISIONS AND OTHER MATTERS
- SECTION 891C REGULATIONS MAY MAKE DIFFERENT PROVISION IN RESPECT OF DIFFERENT MARKETS ETC.
- Division 5 - Provisions common to both kinds of compensation arrangements
- SECTION 892A MEANING OF PART 7.5 AUTHORITY AND PART 7.5 REGULATED FUND
- SECTION 892B HOW PART 7.5 REGULATED FUNDS ARE TO BE KEPT
- SECTION 892C MONEY IN A PART 7.5 REGULATED FUND MAY BE INVESTED
- SECTION 892D POWERS OF PART 7.5 AUTHORITY TO REQUIRE PRODUCTION OR DELIVERY OF DOCUMENTS OR STATEMENTS
- SECTION 892E POWER TO REQUIRE ASSISTANCE FOR PURPOSE OF DEALING WITH A CLAIM
- SECTION 892F PART 7.5 AUTHORITY ' S RIGHT OF SUBROGATION IF COMPENSATION IS PAID
- SECTION 892G EXCESS MONEY IN PART 7.5 REGULATED FUNDS
- SECTION 892H ACCOUNTING AND REPORTING
- SECTION 892I DIVISION 3 ARRANGEMENTS - REPORTING IN SITUATIONS WHERE COMPENSATION DOES NOT COME OUT OF A PART 7.5 REGULATED FUND
- SECTION 892J REGULATIONS MAY PROVIDE FOR QUALIFIED PRIVILEGE IN RESPECT OF CERTAIN MATTERS
- SECTION 892K RISK ASSESSMENT REPORT
- Division 6 - Miscellaneous
- SECTION 893A EXEMPTIONS AND MODIFICATIONS BY REGULATIONS
- SECTION 893B EXEMPTIONS BY ASIC
- PART 7.5A - REGULATION OF DERIVATIVE TRANSACTIONS AND DERIVATIVE TRADE REPOSITORIES
- Division 1 - Application of Part
- SECTION 900A DERIVATIVES AND TRANSACTIONS ETC. TO WHICH THIS PART APPLIES
- Division 2 - Regulation of derivative transactions: derivative transaction rules
- Subdivision A - Power to make derivative transaction rules
- SECTION 901A ASIC MAY MAKE DERIVATIVE TRANSACTION RULES
- SECTION 901B DERIVATIVES IN RELATION TO WHICH RULES MAY IMPOSE REQUIREMENTS
- SECTION 901C REGULATIONS MAY LIMIT THE TRANSACTIONS IN RELATION TO WHICH RULES MAY IMPOSE REQUIREMENTS
- SECTION 901D REGULATIONS MAY LIMIT THE PERSONS ON WHOM REQUIREMENTS MAY BE IMPOSED
- Subdivision B - Compliance with derivative transaction rules
- SECTION 901E OBLIGATION TO COMPLY WITH DERIVATIVE TRANSACTION RULES
- SECTION 901F ALTERNATIVES TO CIVIL PROCEEDINGS
- SECTION 901G FAILURE TO COMPLY WITH DERIVATIVE TRANSACTION RULES DOES NOT INVALIDATE TRANSACTION ETC.
- Subdivision C - The process of making derivative transaction rules
- SECTION 901H MATTERS TO WHICH ASIC MUST HAVE REGARD WHEN MAKING RULES
- SECTION 901J ASIC TO CONSULT BEFORE MAKING RULES
- SECTION 901K MINISTERIAL CONSENT TO RULES REQUIRED
- SECTION 901L EMERGENCY RULES: CONSULTATION AND CONSENT NOT REQUIRED
- SECTION 901M AMENDMENT AND REVOCATION OF DERIVATIVE TRANSACTION RULES
- Division 3 - Regulation of licensed derivative trade repositories: supervision by ASIC
- SECTION 902A ASIC TO SUPERVISE LICENSED DERIVATIVE TRADE REPOSITORIES
- Division 4 - Regulation of licensed derivative trade repositories: derivative trade repository rules
- Subdivision A - Power to make derivative trade repository rules
- SECTION 903A ASIC MAY MAKE DERIVATIVE TRADE REPOSITORY RULES
- SECTION 903B RULES MAY ONLY IMPOSE REQUIREMENTS ON OPERATORS AND OFFICERS OF LICENSED DERIVATIVE TRADE REPOSITORIES
- SECTION 903C REGULATIONS MAY LIMIT HOW RULES MAY DEAL WITH MATTERS RELATED TO DERIVATIVE TRADE DATA
- Subdivision B - Compliance with derivative trade repository rules
- SECTION 903D OBLIGATION TO COMPLY WITH DERIVATIVE TRADE REPOSITORY RULES
- SECTION 903E ALTERNATIVES TO CIVIL PROCEEDINGS
- Subdivision C - The process of making derivative trade repository rules
- SECTION 903F MATTERS TO WHICH ASIC HAS REGARD WHEN MAKING RULES
- SECTION 903G ASIC TO CONSULT BEFORE MAKING RULES
- SECTION 903H MINISTERIAL CONSENT TO RULES REQUIRED
- SECTION 903J EMERGENCY RULES: CONSULTATION AND CONSENT NOT REQUIRED
- SECTION 903K AMENDMENT AND REVOCATION OF DERIVATIVE TRADE REPOSITORY RULES
- Division 5 - Regulation of licensed derivative trade repositories: other obligations and powers
- Subdivision A - Obligations
- SECTION 904A GENERAL OBLIGATIONS
- SECTION 904B OBLIGATIONS RELATING TO DERIVATIVE TRADE DATA
- SECTION 904C OBLIGATION TO NOTIFY ASIC OF CERTAIN MATTERS
- SECTION 904D OBLIGATION TO ASSIST ASIC, APRA AND THE RESERVE BANK
- SECTION 904E OBLIGATION TO GIVE ASIC ACCESS TO DERIVATIVE TRADE REPOSITORY FACILITIES
- Subdivision B - Powers of Minister and ASIC to give directions etc.
- SECTION 904F MINISTER ' S POWER TO GIVE DIRECTIONS TO LICENSEE NOT COMPLYING WITH OBLIGATIONS
- SECTION 904G ASIC ' S DIRECTIONS POWER - LICENSEES NOT COMPLYING WITH THEIR OBLIGATIONS
- SECTION 904GA MATTERS RELATING TO ASIC DIRECTIONS - LICENSEES NOT COMPLYING WITH THEIR OBLIGATIONS
- SECTION 904H ASIC ' S POWER TO GIVE DIRECTIONS REQUIRING SPECIAL REPORTS
- SECTION 904J ASIC MAY ASSESS LICENSEE ' S COMPLIANCE
- SECTION 904K DIRECTIONS RELATING TO DERIVATIVE TRADE DATA IF REPOSITORY CEASES TO BE LICENSED
- Subdivision C - Power of ASIC to require expert report
- SECTION 904L ASIC ' S POWER TO REQUIRE EXPERT REPORT
- Division 6 - Regulation of licensed derivative trade repositories: licensing
- Subdivision A - Requirement for some trade repositories to be licensed
- SECTION 905A REGULATIONS MAY IDENTIFY DERIVATIVE TRADE REPOSITORIES AS BEING REQUIRED TO BE LICENSED
- Subdivision B - Granting of licences
- SECTION 905B HOW TO APPLY FOR A LICENCE
- SECTION 905C WHEN A LICENCE MAY BE GRANTED
- SECTION 905D PUBLICATION OF NOTICE OF LICENCE GRANT
- SECTION 905E MORE THAN ONE DERIVATIVE TRADE REPOSITORY COVERED BY THE SAME LICENCE
- Subdivision C - The conditions on a licence
- SECTION 905F THE CONDITIONS ON THE LICENCE
- Subdivision D - When a licence can be varied, suspended or cancelled
- SECTION 905G VARYING LICENCES
- SECTION 905H IMMEDIATE SUSPENSION OR CANCELLATION
- SECTION 905J SUSPENSION OR CANCELLATION FOLLOWING HEARING AND REPORT
- SECTION 905K EFFECT OF SUSPENSION
- SECTION 905L VARIATION OR REVOCATION OF SUSPENSION
- SECTION 905M PUBLICATION OF NOTICE OF LICENCE SUSPENSION OR CANCELLATION
- SECTION 905N SUSPENSION AND CANCELLATION ONLY IN ACCORDANCE WITH THIS SUBDIVISION
- Subdivision E - Other matters
- SECTION 905P MATTERS TO BE TAKEN INTO ACCOUNT BY ASIC
- Division 7 - Regulation of prescribed derivative trade repositories
- SECTION 906A REGULATIONS MAY IMPOSE OBLIGATIONS AND CONFER POWERS
- Division 8 - Other matters
- SECTION 907A OTHER PROHIBITIONS ON HOLDING OUT
- SECTION 907B MAKING PROVISION BY REFERENCE TO INSTRUMENTS AS IN FORCE FROM TIME TO TIME
- SECTION 907C COMPLIANCE WITH REQUIREMENTS TO PROVIDE DERIVATIVE TRADE DATA OR OTHER INFORMATION: PROTECTION FROM LIABILITY
- SECTION 907D EXEMPTIONS BY ASIC
- SECTION 907E EXEMPTIONS AND MODIFICATIONS BY REGULATIONS
- PART 7.5B - REGULATION OF FINANCIAL BENCHMARKS
- Division 1 - Preliminary
- SECTION 908AA SIMPLIFIED OUTLINE OF THIS PART
- SECTION 908AB MEANING OF FINANCIAL BENCHMARK
- SECTION 908AC MEANING OF SIGNIFICANT FINANCIAL BENCHMARK
- SECTION 908AD EMERGENCY DECLARATIONS: CONSULTATION AND CONSENT NOT REQUIRED
- SECTION 908AE NOTIFYING ADMINISTRATOR ABOUT DECLARATIONS
- SECTION 908AF ASIC TO SUPERVISE FINANCIAL BENCHMARKS THAT ARE SPECIFIED IN BENCHMARK ADMINISTRATOR LICENCES
- SECTION 908AG EXTRATERRITORIAL APPLICATION
- Division 2 - Licensing of financial benchmarks
- Subdivision A - Requirement to be licensed
- SECTION 908BA ADMINISTRATORS OF SIGNIFICANT FINANCIAL BENCHMARKS MUST BE LICENSED
- SECTION 908BB OTHER PROHIBITIONS ON HOLDING OUT
- Subdivision B - Granting licences
- SECTION 908BC WHEN A LICENCE MAY BE GRANTED
- SECTION 908BD APPLYING FOR A LICENCE
- SECTION 908BE MORE THAN ONE FINANCIAL BENCHMARK MAY BE SPECIFIED IN THE SAME LICENCE
- SECTION 908BF PUBLISHING DETAILS OF LICENCES
- Subdivision C - Conditions on licences
- SECTION 908BG CONDITIONS, INCLUDING VARYING AND REVOKING CONDITIONS
- Subdivision D - When a licence can be varied, suspended or cancelled
- SECTION 908BH VARYING LICENCES
- SECTION 908BI IMMEDIATE SUSPENSION OR CANCELLATION
- SECTION 908BJ SUSPENSION OR CANCELLATION FOLLOWING HEARING AND REPORT
- SECTION 908BK EFFECT OF SUSPENSION
- SECTION 908BL VARYING OR REVOKING A SUSPENSION
- SECTION 908BM PUBLISHING DETAILS OF SUSPENSIONS OR CANCELLATIONS OF LICENCES
- SECTION 908BN VARIATIONS, SUSPENSIONS OR CANCELLATIONS ONLY IN ACCORDANCE WITH THIS SUBDIVISION
- Subdivision E - Matters to which ASIC must have regard
- SECTION 908BO MATTERS TO WHICH ASIC MUST HAVE REGARD
- Subdivision F - Other obligations of licensees
- SECTION 908BP GENERAL OBLIGATIONS
- SECTION 908BQ OBLIGATION TO NOTIFY ASIC OF CERTAIN MATTERS
- SECTION 908BR OBLIGATION TO ASSIST ASIC, APRA AND THE RESERVE BANK
- SECTION 908BS OBLIGATION TO GIVE ASIC ACCESS TO LICENSEE ' S FACILITIES
- Subdivision G - Directions to licensees
- SECTION 908BT ASIC ' S POWER TO GIVE DIRECTIONS TO LICENSEE NOT COMPLYING WITH OBLIGATIONS
- SECTION 908BU MINISTER MAY DISALLOW ALL OR PART OF AN ASIC DIRECTION ETC.
- SECTION 908BV ASIC ' S POWER TO GIVE DIRECTIONS REQUIRING REPORTS
- Subdivision H - Other matters
- SECTION 908BW ASIC MAY ASSESS LICENSEE ' S COMPLIANCE
- SECTION 908BWA ASIC ' S POWER TO REQUIRE EXPERT REPORT
- SECTION 908BX BASIS OF LICENCES
- Division 3 - Financial benchmark rules and compelled financial benchmark rules
- Subdivision A - Power to make financial benchmark rules
- SECTION 908CA ASIC MAY MAKE FINANCIAL BENCHMARK RULES
- SECTION 908CB MAIN PERMITTED MATTERS THAT MAY BE DEALT WITH IN THE RULES
- SECTION 908CC OTHER PERMITTED MATTERS THAT MAY BE DEALT WITH IN THE RULES
- Subdivision B - Power to make compelled financial benchmark rules
- SECTION 908CD ASIC MAY MAKE COMPELLED FINANCIAL BENCHMARK RULES
- SECTION 908CE PERMITTED POWERS AND MATTERS THAT MAY BE DEALT WITH IN THE RULES
- Subdivision C - Compliance with each set of rules etc.
- SECTION 908CF OBLIGATION TO COMPLY WITH EACH SET OF RULES
- SECTION 908CG ALTERNATIVES TO CIVIL PROCEEDINGS
- SECTION 908CH INFRINGEMENT NOTICES
- SECTION 908CI ENFORCEABLE UNDERTAKINGS
- SECTION 908CJ PROTECTION FROM LIABILITY FOR COMPLIANCE IN GOOD FAITH
- Subdivision D - Matters relating to the making of each set of rules
- SECTION 908CK MATTERS TO WHICH ASIC HAS REGARD WHEN MAKING RULES
- SECTION 908CL ASIC TO CONSULT BEFORE MAKING RULES
- SECTION 908CM MINISTERIAL CONSENT TO RULES REQUIRED
- SECTION 908CN EMERGENCY RULES: CONSULTATION AND CONSENT NOT REQUIRED
- SECTION 908CO REQUIREMENTS
- SECTION 908CP REGULATIONS MAY LIMIT HOW RULES MAY DEAL WITH CERTAIN MATTERS
- SECTION 908CQ VARYING OR REVOKING THE RULES
- Division 4 - Offences and civil penalties relating to manipulation of financial benchmarks
- SECTION 908DA MANIPULATION OF FINANCIAL BENCHMARKS
- SECTION 908DB FALSE OR MISLEADING STATEMENTS OR INFORMATION THAT COULD AFFECT FINANCIAL BENCHMARKS
- SECTION 908DC PENALTIES FOR OFFENCES AGAINST THIS DIVISION
- SECTION 908DD GEOGRAPHICAL SCOPE OF OFFENCES AND CIVIL PENALTY PROVISIONS
- Division 5 - Other provisions
- SECTION 908EA MAKING PROVISION BY REFERRING TO INSTRUMENTS AS IN FORCE FROM TIME TO TIME
- SECTION 908EB EXEMPTIONS BY THE REGULATIONS OR BY ASIC
- PART 7.6 - LICENSING OF PROVIDERS OF FINANCIAL SERVICES
- Division 1 - Preliminary
- SECTION 910A MEANING OF SOME TERMS RELATING TO LICENSING OF PROVIDERS OF FINANCIAL SERVICES
- SECTION 910B MEANING OF CONTROL
- SECTION 910C MEANING OF LINKED TO A REFUSAL OR FAILURE TO GIVE EFFECT TO A DETERMINATION MADE BY AFCA
- SECTION 910D INSURANCE FULFILMENT PROVIDERS TAKEN TO BE ACTING ON BEHALF OF FINANCIAL SERVICES LICENSEES
- Division 2 - Requirement to be licensed or authorised
- SECTION 911A NEED FOR AN AUSTRALIAN FINANCIAL SERVICES LICENCE
- SECTION 911B PROVIDING FINANCIAL SERVICES ON BEHALF OF A PERSON WHO CARRIES ON A FINANCIAL SERVICES BUSINESS
- SECTION 911C PROHIBITION ON HOLDING OUT
- SECTION 911D WHEN A FINANCIAL SERVICES BUSINESS IS TAKEN TO BE CARRIED ON IN THIS JURISDICTION
- Division 3 - Obligations of financial services licensees
- Subdivision A - General obligations
- SECTION 912A GENERAL OBLIGATIONS
- SECTION 912B ARRANGEMENTS FOR COMPENSATION IF FINANCIAL SERVICES PROVIDED TO PERSONS AS RETAIL CLIENTS
- Subdivision B - Providing information and assistance to ASIC
- SECTION 912C DIRECTION TO PROVIDE A STATEMENT
- SECTION 912CA REGULATIONS MAY REQUIRE INFORMATION TO BE PROVIDED
- SECTION 912D MEANING OF REPORTABLE SITUATION
- SECTION 912DAA OBLIGATION TO LODGE A REPORT - REPORTABLE SITUATIONS IN RELATION TO THE FINANCIAL SERVICES LICENSEE
- SECTION 912DAB OBLIGATION TO LODGE A REPORT - REPORTABLE SITUATIONS IN RELATION TO OTHER FINANCIAL SERVICES LICENSEES
- SECTION 912DAC OBLIGATION TO GIVE NOTICE - PARTICIPANTS IN LICENSED MARKET OR LICENSED CS FACILITY
- SECTION 912DAD ASIC MUST PUBLISH DETAILS OF CERTAIN REPORTS
- SECTION 912DA OBLIGATION TO NOTIFY ASIC OF CHANGE IN CONTROL
- SECTION 912DB OBLIGATION TO NOTIFY ASIC IF LICENSEE DOES NOT PROVIDE FINANCIAL SERVICE
- SECTION 912E SURVEILLANCE CHECKS BY ASIC
- Subdivision C - Notifying and remediating clients affected by reportable situations
- SECTION 912EA REPORTING TO CLIENTS AFFECTED BY A REPORTABLE SITUATION
- SECTION 912EB OBLIGATION TO INVESTIGATE REPORTABLE SITUATIONS THAT MAY AFFECT CLIENTS
- SECTION 912EC OBLIGATION TO KEEP RECORDS OF COMPLIANCE
- Subdivision D - Miscellaneous
- SECTION 912F OBLIGATION TO CITE LICENCE NUMBER IN DOCUMENTS
- Division 4 - Australian financial services licences
- Subdivision A - How to get a licence
- SECTION 913A APPLYING FOR A LICENCE
- SECTION 913B WHEN A LICENCE MAY BE GRANTED
- SECTION 913BA FIT AND PROPER PERSON TEST
- SECTION 913BB FIT AND PROPER PERSON TEST - MATTERS TO WHICH ASIC MUST HAVE REGARD
- SECTION 913C LICENCE NUMBERS
- Subdivision B - The conditions on the licence
- SECTION 914A THE CONDITIONS ON THE LICENCE
- SECTION 914B ASIC MAY REQUEST INFORMATION ETC. IN RELATION TO AN APPLICATION FOR CONDITIONS TO BE VARIED
- Subdivision C - When a licence can be varied, suspended or cancelled
- SECTION 915A VARYING LICENCES
- SECTION 915B IMMEDIATE SUSPENSION OR CANCELLATION
- SECTION 915C SUSPENSION OR CANCELLATION AFTER OFFERING A HEARING
- SECTION 915D EFFECT OF SUSPENSION
- SECTION 915E REVOCATION OF SUSPENSION
- SECTION 915F DATE OF EFFECT AND PUBLICATION OF CANCELLATION OR SUSPENSION
- SECTION 915G STATEMENT OF REASONS
- SECTION 915H ASIC MAY ALLOW LICENCE TO CONTINUE IN EFFECT
- SECTION 915I SPECIAL PROCEDURES FOR APRA-REGULATED BODIES
- SECTION 915J VARIATION, SUSPENSION AND CANCELLATION ONLY UNDER THIS SUBDIVISION
- Division 5 - Authorised representatives
- SECTION 916A HOW REPRESENTATIVES ARE AUTHORISED
- SECTION 916B SUB-AUTHORISATIONS
- SECTION 916C AUTHORISED REPRESENTATIVE OF 2 OR MORE LICENSEES
- SECTION 916D LICENSEES CANNOT AUTHORISE OTHER LICENSEES
- SECTION 916E LICENSEES ACTING UNDER A BINDER
- SECTION 916F OBLIGATION TO NOTIFY ASIC ETC. ABOUT AUTHORISED REPRESENTATIVES
- SECTION 916G ASIC MAY GIVE LICENSEE INFORMATION ABOUT REPRESENTATIVES
- Division 6 - Liability of financial services licensees for representatives
- SECTION 917A APPLICATION OF DIVISION
- SECTION 917B RESPONSIBILITY IF REPRESENTATIVE OF ONLY ONE LICENSEE
- SECTION 917C REPRESENTATIVES OF MULTIPLE LICENSEES
- SECTION 917D EXCEPTION IF LACK OF AUTHORITY IS DISCLOSED TO CLIENT
- SECTION 917E RESPONSIBILITY EXTENDS TO LOSS OR DAMAGE SUFFERED BY CLIENT
- SECTION 917F EFFECT OF DIVISION
- Division 8 - Banning or disqualification of persons from providing financial services
- Subdivision A - Banning orders
- SECTION 920A ASIC ' S POWER TO MAKE A BANNING ORDER
- SECTION 920B WHAT A BANNING ORDER PROHIBITS
- SECTION 920C EFFECT OF BANNING ORDERS
- SECTION 920D VARIATION OR CANCELLATION OF BANNING ORDERS
- SECTION 920E DATE OF EFFECT AND PUBLICATION OF BANNING ORDER, VARIATION OR CANCELLATION
- SECTION 920F STATEMENT OF REASONS
- Subdivision B - Disqualification by the Court
- SECTION 921A DISQUALIFICATION BY THE COURT
- Division 8A - Professional standards for relevant providers etc.
- Subdivision A - Education and training standards
- SECTION 921B MEANING OF EDUCATION AND TRAINING STANDARDS
- SECTION 921BA RELEVANT PROVIDERS TO MEET EDUCATION AND TRAINING STANDARDS
- SECTION 921BB ADDITIONAL REQUIREMENTS FOR RELEVANT PROVIDERS WHO PROVIDE TAX (FINANCIAL) ADVICE SERVICES
- SECTION 921BC EXEMPTIONS FOR CERTAIN RELEVANT PROVIDERS
- Subdivision AA - Limitations on authorisation to provide personal advice
- SECTION 921C LIMITATION ON AUTHORISATION TO PROVIDE PERSONAL ADVICE UNLESS CONDITIONS MET
- SECTION 921D RELEVANT PROVIDERS TO MEET CONTINUING PROFESSIONAL DEVELOPMENT STANDARD
- Subdivision B - Ethical standards
- SECTION 921E CODE OF ETHICS
- Subdivision C - Provisional relevant providers
- SECTION 921F REQUIREMENTS RELATING TO PROVISIONAL RELEVANT PROVIDERS
- Subdivision D - Other matters
- SECTION 921G APPROVAL OF FOREIGN QUALIFICATIONS
- SECTION 921GA APPROVAL OF DOMESTIC QUALIFICATIONS
- SECTION 921H MODIFICATIONS OF PART IN RELATION TO CONTINUING PROFESSIONAL DEVELOPMENT
- Division 8B - Action against relevant providers
- Subdivision A - Action by Financial Services and Credit Panels
- SECTION 921J WHEN A COMPLIANCE SCHEME COVERS A RELEVANT PROVIDER
- SECTION 921K POWER OF FINANCIAL SERVICES AND CREDIT PANELS TO TAKE ACTION AGAINST RELEVANT PROVIDERS
- SECTION 921L INSTRUMENTS THAT FINANCIAL SERVICES AND CREDIT PANELS MAY MAKE IN RELATION TO RELEVANT PROVIDERS
- SECTION 921M COPY OF INSTRUMENT TO BE GIVEN TO AFFECTED PERSON ETC.
- SECTION 921N VARIATION OR REVOCATION OF INSTRUMENTS MADE IN RELATION TO RELEVANT PROVIDERS
- Subdivision B - Proposed action notices etc.
- SECTION 921P PROPOSED ACTION NOTICE
- SECTION 921Q RECOMMENDATIONS TO ASIC IN RELATION TO RESTRICTED CIVIL PENALTY PROVISIONS
- SECTION 921R NOTICES TO TAX PRACTITIONERS BOARD ABOUT QUALIFIED TAX RELEVANT PROVIDERS WHO ARE REGISTERED TAX AGENTS
- Subdivision C - Warnings and reprimands
- SECTION 921S WARNINGS AND REPRIMANDS BY ASIC
- SECTION 921T WARNINGS AND REPRIMANDS BY FINANCIAL SERVICES AND CREDIT PANELS
- Subdivision D - Fit and proper person test
- SECTION 921U FIT AND PROPER PERSON TEST FOR RELEVANT PROVIDERS
- Subdivision E - Review of decisions made under this Division etc.
- SECTION 921V REVIEW OF DECISIONS ETC.
- Subdivision F - Electronic communication
- SECTION 921W ELECTRONIC COMMUNICATION OF DOCUMENTS GIVEN BY FINANCIAL SERVICES AND CREDIT PANELS ETC.
- SECTION 921X ELECTRONIC COMMUNICATION OF DOCUMENTS GIVEN TO FINANCIAL SERVICES AND CREDIT PANELS ETC.
- Division 8C - Registration of relevant providers
- Subdivision A - Requirement for relevant providers to be registered
- SECTION 921Y UNREGISTERED RELEVANT PROVIDERS NOT TO PROVIDE PERSONAL ADVICE
- SECTION 921Z FINANCIAL SERVICES LICENSEES NOT TO CONTINUE TO AUTHORISE UNREGISTERED RELEVANT PROVIDERS TO PROVIDE PERSONAL ADVICE
- Subdivision B - Applications for registration
- SECTION 921ZA APPLICATION FOR REGISTRATION - RELEVANT PROVIDERS WHO ARE FINANCIAL SERVICES LICENSEES APPLYING TO BE REGISTERED
- SECTION 921ZB APPLICATION FOR REGISTRATION - FINANCIAL SERVICES LICENSEES APPLYING TO REGISTER RELEVANT PROVIDERS
- Subdivision C - Registration and period of registration
- SECTION 921ZC REGISTRATION OF RELEVANT PROVIDERS
- SECTION 921ZD PERIOD OF REGISTRATION - RELEVANT PROVIDERS WHO ARE FINANCIAL SERVICES LICENSEES
- SECTION 921ZE PERIOD OF REGISTRATION - RELEVANT PROVIDERS WHO ARE REGISTERED IN RELATION TO FINANCIAL SERVICES LICENSEES
- SECTION 921ZF ASSISTED DECISION MAKING
- Division 9 - Registers relating to financial services
- Subdivision A - Registers generally
- SECTION 922A REGISTERS RELATING TO FINANCIAL SERVICES
- SECTION 922B FEES FOR SEARCHING REGISTERS
- Subdivision B - Notice requirements relating to the Register of Relevant Providers
- SECTION 922D OBLIGATION TO NOTIFY ASIC ABOUT A PERSON WHO BECOMES A RELEVANT PROVIDER
- SECTION 922E INFORMATION ABOUT A RELEVANT PROVIDER WHO IS A FINANCIAL SERVICES LICENSEE
- SECTION 922F INFORMATION ABOUT A RELEVANT PROVIDER WHO IS NOT A FINANCIAL SERVICES LICENSEE
- SECTION 922G MEANING OF RECENT ADVISING HISTORY
- SECTION 922H ONGOING OBLIGATION TO NOTIFY ASIC WHEN THERE IS A CHANGE IN A MATTER FOR A RELEVANT PROVIDER
- SECTION 922HA OBLIGATION TO NOTIFY ASIC OF FINANCIAL SERVICES LICENSEE ' S CPD YEAR
- SECTION 922HB OBLIGATION TO NOTIFY ASIC OF NON-COMPLIANCE WITH CPD PROVISIONS
- SECTION 922HC REQUIREMENT TO RETAIN INFORMATION
- SECTION 922HD OBLIGATION TO NOTIFY ASIC IN RELATION TO FAILURES TO COMPLY WITH THE CODE OF ETHICS
- SECTION 922J OBLIGATION TO NOTIFY ASIC ABOUT A PERSON WHO STARTS TO HAVE CONTROL OF A BODY CORPORATE LICENSEE
- SECTION 922K OBLIGATION TO NOTIFY ASIC ABOUT A PERSON WHO CEASES TO HAVE CONTROL OF A BODY CORPORATE LICENSEE
- SECTION 922L REQUIREMENT FOR NOTICE TO BE LODGED
- SECTION 922M FAILING TO COMPLY WITH OBLIGATION TO NOTIFY ASIC
- SECTION 922N OBLIGATION FOR RELEVANT PROVIDERS TO PROVIDE INFORMATION TO FINANCIAL SERVICES LICENSEES
- SECTION 922P CHANGE IN MATTER WITHIN 30 BUSINESS DAYS
- Subdivision C - Register of Relevant Providers
- SECTION 922Q REGISTER OF RELEVANT PROVIDERS
- SECTION 922R RELEVANT PROVIDER NUMBER
- SECTION 922S CORRECTING THE REGISTER
- Division 10 - Restrictions on use of terminology
- SECTION 923A RESTRICTION ON USE OF CERTAIN WORDS OR EXPRESSIONS
- SECTION 923B RESTRICTION ON USE OF CERTAIN WORDS OR EXPRESSIONS UNLESS AUTHORISED IN LICENCE CONDITIONS
- SECTION 923C RESTRICTION ON USE OF TERMS ' FINANCIAL ADVISER ' AND ' FINANCIAL PLANNER '
- Division 11 - Agreements with unlicensed persons relating to the provision of financial services
- Subdivision A - Agreements affected
- SECTION 924A AGREEMENTS WITH CERTAIN UNLICENSED PERSONS
- Subdivision B - Effect on agreements
- SECTION 925A CLIENT MAY GIVE NOTICE OF RESCISSION
- SECTION 925B EFFECT OF NOTICE UNDER SECTION 925A
- SECTION 925C CLIENT MAY APPLY TO COURT FOR PARTIAL RESCISSION
- SECTION 925D COURT MAY MAKE CONSEQUENTIAL ORDERS
- SECTION 925E AGREEMENT UNENFORCEABLE AGAINST CLIENT
- SECTION 925F NON-LICENSEE NOT ENTITLED TO RECOVER COMMISSION
- SECTION 925G ONUS OF ESTABLISHING NON-APPLICATION OF SECTION 925E OR 925F
- SECTION 925H CLIENT MAY RECOVER COMMISSION PAID TO NON-LICENSEE
- SECTION 925I REMEDIES UNDER THIS DIVISION ADDITIONAL TO OTHER REMEDIES
- Division 12 - Miscellaneous
- SECTION 926A EXEMPTIONS AND MODIFICATIONS BY ASIC
- SECTION 926B EXEMPTIONS AND MODIFICATIONS BY REGULATIONS
- PART 7.7 - FINANCIAL SERVICES DISCLOSURE
- Division 1 - Preliminary
- SECTION 940A HOW PART APPLIES IF A FINANCIAL SERVICES LICENSEE IS ACTING AS AUTHORISED REPRESENTATIVE
- SECTION 940B WHAT IF THERE IS NO REASONABLE OPPORTUNITY TO GIVE A DOCUMENT, INFORMATION OR STATEMENT REQUIRED BY THIS PART?
- SECTION 940C HOW DOCUMENTS, INFORMATION AND STATEMENTS ARE TO BE GIVEN
- SECTION 940D GENERAL APPROACH TO OFFENCE PROVISIONS
- Division 2 - Person provided with financial service as retail client to be given a Financial Services Guide
- Subdivision A - Requirement for a Financial Services Guide to be given
- SECTION 941A OBLIGATION ON FINANCIAL SERVICES LICENSEE TO GIVE A FINANCIAL SERVICES GUIDE IF FINANCIAL SERVICE PROVIDED TO PERSON AS A RETAIL CLIENT
- SECTION 941B OBLIGATION ON AUTHORISED REPRESENTATIVE TO GIVE A FINANCIAL SERVICES GUIDE IF FINANCIAL SERVICE PROVIDED TO PERSON AS A RETAIL CLIENT
- SECTION 941C SITUATIONS IN WHICH A FINANCIAL SERVICES GUIDE IS NOT REQUIRED
- SECTION 941D TIMING OF GIVING FINANCIAL SERVICES GUIDE
- SECTION 941E INFORMATION MUST BE UP TO DATE
- SECTION 941F OBLIGATION TO GIVE UPDATED FINANCIAL SERVICES GUIDE
- Subdivision B - Content and authorisation of Financial Services Guide
- SECTION 942A TITLE OF FINANCIAL SERVICES GUIDE
- SECTION 942B FINANCIAL SERVICES GUIDE GIVEN BY FINANCIAL SERVICES LICENSEE - MAIN REQUIREMENTS
- SECTION 942C FINANCIAL SERVICES GUIDE GIVEN BY AUTHORISED REPRESENTATIVE - MAIN REQUIREMENTS
- SECTION 942D FINANCIAL SERVICES GUIDE MAY CONSIST OF 2 OR MORE SEPARATE DOCUMENTS GIVEN AT SAME TIME
- SECTION 942DA COMBINING A FINANCIAL SERVICES GUIDE AND A PRODUCT DISCLOSURE STATEMENT IN A SINGLE DOCUMENT
- SECTION 942E ALTERING A FINANCIAL SERVICES GUIDE AFTER ITS PREPARATION AND BEFORE GIVING IT TO A PERSON
- Subdivision C - Supplementary Financial Services Guides
- SECTION 943A WHAT A SUPPLEMENTARY FINANCIAL SERVICES GUIDE IS
- SECTION 943B TITLE OF SUPPLEMENTARY FINANCIAL SERVICES GUIDE
- SECTION 943C FORM OF SUPPLEMENTARY FINANCIAL SERVICES GUIDE
- SECTION 943D EFFECT OF GIVING A PERSON A SUPPLEMENTARY FINANCIAL SERVICES GUIDE
- SECTION 943E SITUATION IN WHICH ONLY A SUPPLEMENTARY FINANCIAL SERVICES GUIDE NEED BE GIVEN
- SECTION 943F ALTERING A SUPPLEMENTARY FINANCIAL SERVICES GUIDE AFTER ITS PREPARATION AND BEFORE GIVING IT TO A PERSON
- Division 2A - Website disclosure for financial product advice provided to a retail client
- SECTION 943G OBLIGATION ON FINANCIAL SERVICES LICENSEE TO MAKE WEBSITE DISCLOSURE INFORMATION AVAILABLE
- SECTION 943H OBLIGATION ON AUTHORISED REPRESENTATIVE TO MAKE WEBSITE DISCLOSURE INFORMATION AVAILABLE
- SECTION 943J MEANING OF WEBSITE DISCLOSURE INFORMATION
- SECTION 943K WEBSITE DISCLOSURE INFORMATION MUST BE READILY ACCESSIBLE
- SECTION 943L WEBSITE DISCLOSURE INFORMATION MUST BE KEPT UP TO DATE
- SECTION 943M ALTERING WEBSITE DISCLOSURE INFORMATION AFTER IT HAS BEEN MADE AVAILABLE
- SECTION 943N RECORD OF ADVICE MUST BE PROVIDED IN CERTAIN CIRCUMSTANCES
- Division 3 - Additional requirements for personal advice provided to a retail client
- Subdivision A - When this Division applies
- SECTION 944A SITUATION IN WHICH DIVISION APPLIES
- Subdivision B - Requirements relating to basis of advice
- SECTION 945A REQUIREMENT TO HAVE A REASONABLE BASIS FOR THE ADVICE
- SECTION 945B OBLIGATION TO WARN CLIENT IF ADVICE BASED ON INCOMPLETE OR INACCURATE INFORMATION
- Subdivision C - Requirement for a Statement of Advice to be given
- SECTION 946A OBLIGATION TO GIVE CLIENT A STATEMENT OF ADVICE
- SECTION 946AA SMALL INVESTMENTS - STATEMENT OF ADVICE NOT REQUIRED
- SECTION 946B OTHER SITUATIONS IN WHICH A STATEMENT OF ADVICE IS NOT REQUIRED
- SECTION 946C TIMING OF GIVING STATEMENT OF ADVICE
- Subdivision D - Content of Statement of Advice
- SECTION 947A TITLE OF STATEMENT OF ADVICE
- SECTION 947B STATEMENT OF ADVICE GIVEN BY FINANCIAL SERVICES LICENSEE - MAIN REQUIREMENTS
- SECTION 947C STATEMENT OF ADVICE GIVEN BY AUTHORISED REPRESENTATIVE - MAIN REQUIREMENTS
- SECTION 947D ADDITIONAL REQUIREMENTS WHEN ADVICE RECOMMENDS REPLACEMENT OF ONE PRODUCT WITH ANOTHER
- SECTION 947E STATEMENT OF ADVICE NOT TO BE COMBINED WITH FINANCIAL SERVICES GUIDE OR PRODUCT DISCLOSURE STATEMENT
- Subdivision E - Other matters
- SECTION 948A QUALIFIED PRIVILEGE IF PROVIDING ENTITY COMPLIES WITH THIS DIVISION
- Division 3A - Cash Settlement Fact Sheet
- Subdivision A - When this Division applies
- SECTION 948B SITUATION IN WHICH THIS DIVISION APPLIES
- Subdivision B - Requirement for a Cash Settlement Fact Sheet to be given
- SECTION 948C OBLIGATION TO GIVE CLIENT A CASH SETTLEMENT FACT SHEET
- SECTION 948D TIMING FOR GIVING A CASH SETTLEMENT FACT SHEET
- Subdivision C - Contents of a Cash Settlement Fact Sheet
- SECTION 948E TITLE OF CASH SETTLEMENT FACT SHEET
- SECTION 948F CONTENT OF CASH SETTLEMENT FACT SHEET
- Division 4 - Other disclosure requirements
- SECTION 949A GENERAL ADVICE PROVIDED TO RETAIL CLIENT - OBLIGATION TO WARN CLIENT THAT ADVICE DOES NOT TAKE ACCOUNT OF CLIENT ' S OBJECTIVES, FINANCIAL SITUATION OR NEEDS
- SECTION 949B REGULATIONS MAY IMPOSE DISCLOSURE REQUIREMENTS IN CERTAIN SITUATIONS
- Division 6 - Miscellaneous
- SECTION 951A PART CANNOT BE CONTRACTED OUT OF
- SECTION 951B EXEMPTIONS AND MODIFICATIONS BY ASIC
- SECTION 951C EXEMPTIONS AND MODIFICATIONS BY REGULATIONS
- Division 7 - Enforcement
- Subdivision A - Offences
- SECTION 952A OVERVIEW
- SECTION 952B MEANING OF DEFECTIVE AND DISCLOSURE DOCUMENT OR STATEMENT
- SECTION 952C OFFENCE OF FAILING TO GIVE A DISCLOSURE DOCUMENT OR STATEMENT
- SECTION 952D OFFENCE OF GIVING A DISCLOSURE DOCUMENT OR STATEMENT KNOWING IT TO BE DEFECTIVE
- SECTION 952E GIVING A DEFECTIVE DISCLOSURE DOCUMENT OR STATEMENT (WHETHER OR NOT KNOWN TO BE DEFECTIVE)
- SECTION 952F OFFENCES OF FINANCIAL SERVICES LICENSEE KNOWINGLY PROVIDING DEFECTIVE DISCLOSURE MATERIAL TO AN AUTHORISED REPRESENTATIVE
- SECTION 952G OFFENCES OF FINANCIAL SERVICES LICENSEE PROVIDING DISCLOSURE MATERIAL TO AN AUTHORISED REPRESENTATIVE (WHETHER OR NOT KNOWN TO BE DEFECTIVE)
- SECTION 952H FINANCIAL SERVICES LICENSEE FAILING TO ENSURE AUTHORISED REPRESENTATIVE GIVES DISCLOSURE DOCUMENTS OR STATEMENTS AS REQUIRED
- SECTION 952I OFFENCES IF A FINANCIAL SERVICES GUIDE, SUPPLEMENTARY FSG OR WEBSITE DISCLOSURE INFORMATION DOES NOT COMPLY WITH CERTAIN REQUIREMENTS
- SECTION 952J OFFENCE IF A STATEMENT OF ADVICE DOES NOT COMPLY WITH CERTAIN REQUIREMENTS
- SECTION 952JA OFFENCE IF A CASH SETTLEMENT FACT SHEET DOES NOT COMPLY WITH CERTAIN REQUIREMENTS
- SECTION 952K OFFENCE IF AUTHORISED REPRESENTATIVE GIVES OUT UNAUTHORISED FINANCIAL SERVICES GUIDE, SUPPLEMENTARY FSG OR WEBSITE DISCLOSURE INFORMATION
- SECTION 952L OFFENCES IF FINANCIAL SERVICES LICENSEE OR AUTHORISED REPRESENTATIVE BECOMES AWARE THAT A FINANCIAL SERVICES GUIDE, SUPPLEMENTARY FSG OR WEBSITE DISCLOSURE INFORMATION IS DEFECTIVE
- SECTION 952M OFFENCE OF UNAUTHORISED ALTERATION OF FINANCIAL SERVICES GUIDE, SUPPLEMENTARY FINANCIAL SERVICES GUIDE OR WEBSITE DISCLOSURE INFORMATION
- Subdivision B - Civil liability
- SECTION 953A MEANING OF DEFECTIVE AND DISCLOSURE DOCUMENT OR STATEMENT
- SECTION 953B CIVIL ACTION FOR LOSS OR DAMAGE
- SECTION 953C ADDITIONAL POWERS OF COURT TO MAKE ORDERS
- PART 7.7A - BEST INTERESTS OBLIGATIONS AND REMUNERATION
- Division 1 - Preliminary
- SECTION 960 DEFINITIONS
- SECTION 960A NO CONTRACTING OUT
- SECTION 960B OBLIGATIONS UNDER THIS PART IN ADDITION TO OTHER OBLIGATIONS
- Division 2 - Best interests obligations
- Subdivision A - Preliminary
- SECTION 961 APPLICATION OF THIS DIVISION
- SECTION 961A APPLICATION TO A FINANCIAL SERVICES LICENSEE ACTING AS AN AUTHORISED REPRESENTATIVE
- Subdivision B - Provider must act in the best interests of the client
- SECTION 961B PROVIDER MUST ACT IN THE BEST INTERESTS OF THE CLIENT
- SECTION 961C MEANING OF REASONABLY APPARENT
- SECTION 961D MEANING OF REASONABLE INVESTIGATION
- SECTION 961E WHAT WOULD REASONABLY BE REGARDED AS IN THE BEST INTERESTS OF THE CLIENT?
- SECTION 961F MEANING OF BASIC BANKING PRODUCT
- Subdivision C - Resulting advice must be appropriate to the client
- SECTION 961G RESULTING ADVICE MUST BE APPROPRIATE TO THE CLIENT
- Subdivision D - Where resulting advice still based on incomplete or inaccurate information
- SECTION 961H RESULTING ADVICE STILL BASED ON INCOMPLETE OR INACCURATE INFORMATION
- Subdivision E - Provider to give priority to the client ' s interests
- SECTION 961J CONFLICT BETWEEN CLIENT ' S INTERESTS AND THOSE OF PROVIDER, LICENSEE, AUTHORISED REPRESENTATIVE OR ASSOCIATES
- Subdivision F - Responsibilities of licensees under this Division
- SECTION 961K CIVIL PENALTY PROVISION - SECTIONS 961B, 961G, 961H AND 961J
- SECTION 961L LICENSEES MUST ENSURE COMPLIANCE
- SECTION 961M CIVIL ACTION FOR LOSS OR DAMAGE
- SECTION 961N ADDITIONAL POWERS OF COURT TO MAKE ORDERS
- SECTION 961P MEANING OF RESPONSIBLE LICENSEE
- Subdivision G - Responsibilities of authorised representatives under this Division
- SECTION 961Q CIVIL PENALTY PROVISION - SECTIONS 961B, 961G, 961H AND 961J
- Division 3 - Charging ongoing fees to clients
- Subdivision A - Preliminary
- SECTION 962 APPLICATION OF THIS DIVISION
- SECTION 962A MEANING OF ONGOING FEE ARRANGEMENT
- SECTION 962B MEANING OF ONGOING FEE
- SECTION 962C MEANING OF FEE RECIPIENT
- SECTION 962CA EXEMPTION FROM APPLICATION OF OPT-IN REQUIREMENT
- Subdivision B - Client consent required for ongoing fee arrangements
- SECTION 962D APPLICATION OF THIS SUBDIVISION
- SECTION 962E CLIENT MAY TERMINATE ARRANGEMENT AT ANY TIME
- SECTION 962F ONGOING FEE ARRANGEMENT TERMINATES WITHOUT CONSENT
- SECTION 962FA ARRANGEMENT TERMINATES IF SUBDIVISION C NOT COMPLIED WITH
- SECTION 962G REQUIREMENTS FOR CONSENT
- SECTION 962H WHEN CONSENT CEASES TO HAVE EFFECT
- SECTION 962J CLIENT MAY TERMINATE ONGOING FEE ARRANGEMENT AT ANY TIME
- SECTION 962K FEE RECIPIENT MUST GIVE RENEWAL NOTICE
- SECTION 962L MEANING OF RENEWAL PERIOD
- SECTION 962M IF CLIENT NOTIFIES FEE RECIPIENT THAT CLIENT DOES NOT WISH TO RENEW
- SECTION 962N IF CLIENT DOES NOT NOTIFY FEE RECIPIENT THAT CLIENT WISHES TO RENEW
- SECTION 962P CIVIL PENALTY PROVISION - CHARGING ONGOING FEES AFTER ARRANGEMENT TERMINATED
- SECTION 962Q EFFECT OF TERMINATION
- Subdivision C - Account holder consent required for deducting ongoing fees from accounts
- SECTION 962R FEE RECIPIENT MUST NOT DEDUCT ONGOING FEES WITHOUT CONSENT
- SECTION 962S FEE RECIPIENT MUST NOT ARRANGE FOR DEDUCTION OF ONGOING FEES WITHOUT CONSENT OR ACCEPT SUCH DEDUCTIONS
- SECTION 962T REQUIREMENTS FOR CONSENT - DEDUCTION OF FEES FROM ACCOUNTS
- SECTION 962U VARIATION OR WITHDRAWAL OF CONSENT
- SECTION 962V WHEN CONSENT CEASES TO HAVE EFFECT
- SECTION 962W CONDITIONS REQUIRING CONSENT TO BE GIVEN ARE VOID
- SECTION 962WA ONGOING FEE ARRANGEMENT TERMINATES IF FEE DEDUCTED WITHOUT CONSENT
- Subdivision D - Common rules for consents under this Division
- SECTION 962X OBLIGATION TO KEEP RECORDS OF COMPLIANCE
- SECTION 962Y FORM FOR CONSENTS
- SECTION 962YA COMBINING INFORMATION IN A SINGLE NOTICE OR FORM
- Subdivision E - Common rules for terminations under this Division
- SECTION 962Z CIVIL PENALTY PROVISION - CHARGING ONGOING FEES AFTER ARRANGEMENT TERMINATED
- SECTION 962ZA EFFECT OF TERMINATION
- Division 4 - Conflicted remuneration
- Subdivision A - Preliminary
- SECTION 963 APPLICATION TO A FINANCIAL SERVICES LICENSEE ACTING AS AN AUTHORISED REPRESENTATIVE
- Subdivision B - Meaning of conflicted remuneration
- SECTION 963A MEANING OF CONFLICTED REMUNERATION - GENERAL
- SECTION 963AA BENEFITS GIVEN IN RELATION TO LIFE RISK INSURANCE PRODUCTS
- SECTION 963B MONETARY BENEFIT GIVEN IN CERTAIN CIRCUMSTANCES NOT CONFLICTED REMUNERATION
- SECTION 963BA MEANING OF BENEFIT RATIO REQUIREMENTS AND CLAWBACK REQUIREMENTS
- SECTION 963C NON-MONETARY BENEFIT GIVEN IN CERTAIN CIRCUMSTANCES NOT CONFLICTED REMUNERATION
- SECTION 963D BENEFITS FOR EMPLOYEES ETC. OF ADIs
- Subdivision C - Ban on conflicted remuneration
- SECTION 963E LICENSEE MUST NOT ACCEPT CONFLICTED REMUNERATION
- SECTION 963F LICENSEE MUST ENSURE COMPLIANCE
- SECTION 963G AUTHORISED REPRESENTATIVE MUST NOT ACCEPT CONFLICTED REMUNERATION
- SECTION 963H OTHER REPRESENTATIVES MUST NOT ACCEPT CONFLICTED REMUNERATION
- SECTION 963J EMPLOYER MUST NOT GIVE EMPLOYEES CONFLICTED REMUNERATION
- SECTION 963K PRODUCT ISSUER OR SELLER MUST NOT GIVE CONFLICTED REMUNERATION
- SECTION 963L VOLUME-BASED BENEFITS PRESUMED TO BE CONFLICTED REMUNERATION
- Subdivision D - Rebate of conflicted remuneration
- SECTION 963M PERSON COVERED BY THIS SECTION IN RELATION TO CONFLICTED REMUNERATION
- SECTION 963N REGULATIONS MAY PROVIDE FOR REBATE OF CONFLICTED REMUNERATION
- SECTION 963P PERSON COVERED BY SECTION 963M MUST PAY AMOUNT ETC. IN ACCORDANCE WITH REGULATIONS
- Division 5 - Other banned remuneration
- Subdivision A - Volume-based shelf-space fees
- SECTION 964 APPLICATION
- SECTION 964A PLATFORM OPERATOR MUST NOT ACCEPT VOLUME-BASED SHELF-SPACE FEES
- Subdivision B - Asset-based fees on borrowed amounts
- SECTION 964B APPLICATION
- SECTION 964C APPLICATION TO A FINANCIAL SERVICES LICENSEE ACTING AS AN AUTHORISED REPRESENTATIVE
- SECTION 964D FINANCIAL SERVICES LICENSEES MUST NOT CHARGE ASSET-BASED FEES ON BORROWED AMOUNTS
- SECTION 964E AUTHORISED REPRESENTATIVES MUST NOT CHARGE ASSET-BASED FEES ON BORROWED AMOUNTS
- SECTION 964F MEANING OF ASSET-BASED FEE
- SECTION 964G MEANING OF BORROWED
- SECTION 964H MEANING OF REASONABLY APPARENT
- Division 6 - Anti-avoidance
- SECTION 965 ANTI-AVOIDANCE
- Division 7 - Transition
- SECTION 966 TRANSITION PERIOD
- SECTION 967 BEST INTERESTS OBLIGATIONS AND REMUNERATION PROVISIONS TO APPLY DURING TRANSITION PERIOD
- SECTION 968 NOTICE TO CLIENTS IN TRANSITION PERIOD
- PART 7.8 - OTHER PROVISIONS RELATING TO CONDUCT ETC. CONNECTED WITH FINANCIAL PRODUCTS AND FINANCIAL SERVICES, OTHER THAN FINANCIAL PRODUCT DISCLOSURE
- Division 1 - Preliminary
- SECTION 980A MATTERS COVERED BY THIS PART
- SECTION 980B GENERAL APPROACH TO OFFENCE PROVISIONS
- Division 2 - Dealing with clients ' money
- Subdivision A - Money other than loans
- SECTION 981A MONEY TO WHICH SUBDIVISION APPLIES
- SECTION 981B OBLIGATION TO PAY MONEY INTO AN ACCOUNT
- SECTION 981C REGULATIONS MAY DEAL WITH VARIOUS MATTERS RELATING TO ACCOUNTS MAINTAINED FOR THE PURPOSES OF SECTION 981B
- SECTION 981D MONEY RELATED TO DERIVATIVES MAY BE USED FOR GENERAL MARGINING ETC. PURPOSES
- SECTION 981E PROTECTION OF MONEY FROM ATTACHMENT ETC.
- SECTION 981F REGULATIONS MAY DEAL WITH HOW MONEY TO BE DEALT WITH IF LICENSEE CEASES TO BE LICENSED ETC.
- SECTION 981G ACCOUNT PROVIDER NOT LIABLE MERELY BECAUSE OF LICENSEE ' S CONTRAVENTION
- SECTION 981H MONEY TO WHICH SUBDIVISION APPLIES TAKEN TO BE HELD IN TRUST
- Subdivision AA - Client money reporting rules
- SECTION 981J CLIENT MONEY REPORTING RULES
- SECTION 981K MATTERS THAT MAY BE DEALT WITH IN CLIENT MONEY REPORTING RULES
- SECTION 981L ASIC TO CONSULT BEFORE MAKING RULES
- SECTION 981M COMPLYING WITH CLIENT MONEY REPORTING RULES
- SECTION 981N ALTERNATIVES TO CIVIL PROCEEDINGS
- SECTION 981P COMPLIANCE WITH REQUIREMENTS TO PROVIDE DATA OR OTHER INFORMATION TO ASIC: PROTECTION FROM LIABILITY
- Subdivision B - Loan money
- SECTION 982A MONEY TO WHICH THIS SUBDIVISION APPLIES
- SECTION 982B OBLIGATION TO PAY MONEY INTO AN ACCOUNT
- SECTION 982C LICENSEE TO GIVE CLIENT STATEMENT SETTING OUT TERMS OF LOAN ETC.
- SECTION 982D PERMITTED USE OF LOAN
- Subdivision C - Powers of Court
- SECTION 983A COURT MAY FREEZE CERTAIN ACCOUNTS
- SECTION 983B INTERIM ORDER FREEZING ACCOUNTS
- SECTION 983C DUTY OF PERSON TO WHOM ORDER DIRECTED TO MAKE FULL DISCLOSURE
- SECTION 983D FURTHER ORDERS AND DIRECTIONS
- SECTION 983E POWER OF COURT TO MAKE ORDER RELATING TO PAYMENT OF MONEY
- Division 3 - Dealing with other property of clients
- SECTION 984A PROPERTY TO WHICH DIVISION APPLIES
- SECTION 984B HOW PROPERTY TO WHICH THIS DIVISION APPLIES IS TO BE DEALT WITH
- Division 4 - Special provisions relating to insurance
- SECTION 985A MEANING OF CONTRACT OF INSURANCE AND INSURED
- SECTION 985B STATUS OF AMOUNTS PAID TO FINANCIAL SERVICES LICENSEES IN RESPECT OF CONTRACTS OF INSURANCE
- SECTION 985C REGULATIONS MAY IMPOSE OTHER REQUIREMENTS ETC. IF FINANCIAL SERVICES LICENSEE IS NOT THE INSURER
- SECTION 985D FINANCIAL SERVICES LICENSEES ETC. NOT TO DEAL IN GENERAL INSURANCE PRODUCTS FROM UNAUTHORISED INSURERS ETC.
- Division 4A - Special provisions relating to margin lending facilities
- Subdivision A - Responsible lending conduct for margin lending facilities
- SECTION 985EA APPLICATION OF THIS SUBDIVISION
- SECTION 985E REQUIREMENTS BEFORE ISSUING ETC. MARGIN LENDING FACILITY
- SECTION 985F ASSESSMENT OF UNSUITABILITY OF MARGIN LENDING FACILITY
- SECTION 985G REASONABLE INQUIRIES ETC. ABOUT THE RETAIL CLIENT
- SECTION 985H WHEN MARGIN LENDING FACILITY MUST BE ASSESSED AS UNSUITABLE
- SECTION 985J GIVING THE RETAIL CLIENT THE ASSESSMENT
- SECTION 985K UNSUITABLE MARGIN LENDING FACILITIES
- Subdivision B - Notice of margin calls under margin lending facilities
- SECTION 985L ISSUE OF MARGIN LENDING FACILITY MUST NOT BE CONDITIONAL ON AGREEMENT TO RECEIVE COMMUNICATIONS THROUGH AGENT
- SECTION 985M NOTIFICATION OF MARGIN CALLS
- Division 5 - Obligations to report
- SECTION 986A REPORTING IN RELATION TO MONEY TO WHICH SUBDIVISION A OR B OF DIVISION 2 APPLIES OR PROPERTY TO WHICH DIVISION 3 APPLIES
- SECTION 986B REPORTING IN RELATION TO DEALINGS IN DERIVATIVES
- Division 6 - Financial records, statements and audit
- Subdivision A - Preliminary
- SECTION 987A APPLICATION OF DIVISION
- Subdivision B - Financial records of financial services licensees
- SECTION 988A OBLIGATION TO KEEP FINANCIAL RECORDS
- SECTION 988B RECORDS TO BE KEPT SO THAT PROFIT AND LOSS STATEMENTS AND BALANCE SHEET CAN BE PREPARED AND AUDITED
- SECTION 988C LANGUAGE OF RECORDS
- SECTION 988D LOCATION OF RECORDS
- SECTION 988E PARTICULAR CATEGORIES OF INFORMATION TO BE SHOWN IN RECORDS
- SECTION 988F REGULATIONS MAY IMPOSE ADDITIONAL REQUIREMENTS
- SECTION 988G RECORDS TAKEN TO BE MADE WITH LICENSEE'S AUTHORITY
- Subdivision C - Financial statements of financial services licensees
- SECTION 989A MEANING OF FINANCIAL YEAR
- SECTION 989B FINANCIAL SERVICES LICENSEE TO PREPARE AND LODGE ANNUAL PROFIT AND LOSS STATEMENT AND BALANCE SHEET
- SECTION 989C REQUIREMENTS AS TO CONTENTS AND APPLICABLE ACCOUNTING PRINCIPLES
- SECTION 989CA AUDIT TO BE CONDUCTED IN ACCORDANCE WITH AUDITING STANDARDS
- SECTION 989D TIME OF LODGMENT
- Subdivision D - Appointment etc. of auditors
- SECTION 990A SECTIONS 990B TO 990H NOT TO APPLY TO PUBLIC COMPANIES
- SECTION 990B APPOINTMENT OF AUDITOR BY LICENSEE
- SECTION 990C WHEN A PERSON OR FIRM IS INELIGIBLE TO ACT AS AUDITOR
- SECTION 990D INELIGIBLE PERSON OR FIRM MUST NOT CONSENT TO ACT OR DISQUALIFY THEMSELVES ETC.
- SECTION 990E DURATION OF APPOINTMENT OF AUDITORS
- SECTION 990F REMOVAL OF AUDITORS
- SECTION 990G RESIGNATION OF AUDITORS - REQUIREMENTS FOR RESIGNATION
- SECTION 990H RESIGNATION OF AUDITORS - WHEN RESIGNATION TAKES EFFECT
- SECTION 990I AUDITOR'S RIGHT OF ACCESS TO RECORDS, INFORMATION ETC.
- SECTION 990J AUDITOR ' S FEES AND EXPENSES
- SECTION 990K AUDITOR TO REPORT ON CERTAIN MATTERS
- SECTION 990L QUALIFIED PRIVILEGE FOR AUDITOR ETC.
- Division 7 - Other rules about conduct
- SECTION 991A FINANCIAL SERVICES LICENSEE NOT TO ENGAGE IN UNCONSCIONABLE CONDUCT
- SECTION 991B FINANCIAL SERVICES LICENSEE TO GIVE PRIORITY TO CLIENTS ' ORDERS
- SECTION 991C REGULATIONS MAY DEAL WITH VARIOUS MATTERS RELATING TO INSTRUCTIONS TO DEAL THROUGH LICENSED MARKETS
- SECTION 991D REGULATIONS MAY REQUIRE RECORDS TO BE KEPT IN RELATION TO INSTRUCTIONS TO DEAL ON LICENSED MARKETS AND FOREIGN MARKETS
- SECTION 991E OBLIGATIONS OF FINANCIAL SERVICES LICENSEE IN RELATION TO DEALINGS WITH NON-LICENSEES
- SECTION 991F DEALINGS INVOLVING EMPLOYEES OF FINANCIAL SERVICES LICENSEES
- Division 8 - Miscellaneous
- SECTION 992A PROHIBITION ON HAWKING OF FINANCIAL PRODUCTS
- SECTION 992AA RIGHT OF RETURN AND REFUND FOR HAWKED FINANCIAL PRODUCTS
- SECTION 992B EXEMPTIONS AND MODIFICATIONS BY ASIC
- SECTION 992C EXEMPTIONS AND MODIFICATIONS BY REGULATIONS
- Division 9 - Enforcement
- SECTION 993A OVERVIEW
- SECTION 993B OFFENCE OF FAILING TO PAY CLIENT MONEY INTO AN ACCOUNT AS REQUIRED
- SECTION 993C OFFENCE OF FAILING TO COMPLY WITH REQUIREMENTS RELATING TO CLIENT MONEY ACCOUNT
- SECTION 993D FAILING TO PAY LOAN MONEY INTO AN ACCOUNT AS REQUIRED
- PART 7.8A - DESIGN AND DISTRIBUTION REQUIREMENTS RELATING TO FINANCIAL PRODUCTS FOR RETAIL CLIENTS
- Division 1 - Preliminary
- SECTION 994A MEANING OF SOME TERMS RELATING TO DESIGN AND DISTRIBUTION REQUIREMENTS
- SECTION 994AA MEANING OF FINANCIAL PRODUCT - PART 7.8A
- Division 2 - Target market determinations for financial products
- SECTION 994B TARGET MARKET DETERMINATIONS FOR FINANCIAL PRODUCTS
- SECTION 994C TARGET MARKET DETERMINATIONS TO BE REVIEWED
- SECTION 994D PROHIBITION ON ENGAGING IN RETAIL PRODUCT DISTRIBUTION CONDUCT UNLESS TARGET MARKET DETERMINATION MADE
- Division 3 - Distribution of financial products
- SECTION 994E REASONABLE STEPS TO ENSURE CONSISTENCY WITH TARGET MARKET DETERMINATIONS
- SECTION 994F RECORD KEEPING AND NOTIFICATION OBLIGATIONS
- SECTION 994G NOTICE TO ASIC
- Division 4 - ASIC powers
- SECTION 994H INFORMATION TO BE PROVIDED TO ASIC
- SECTION 994J STOP ORDERS
- Division 5 - Exemptions and modifications
- SECTION 994K DEFINITIONS
- SECTION 994L EXEMPTIONS AND MODIFICATIONS BY ASIC
- Division 6 - Miscellaneous
- SECTION 994M CIVIL LIABILITY
- SECTION 994N ADDITIONAL POWERS OF COURT TO MAKE ORDERS
- SECTION 994P ORDERS TO REDRESS LOSS OR DAMAGE SUFFERED BY NON-PARTY CONSUMERS ETC.
- SECTION 994Q KINDS OF ORDERS THAT MAY BE MADE TO REDRESS LOSS OR DAMAGE SUFFERED BY NON-PARTY CONSUMERS ETC.
- PART 7.9 - FINANCIAL PRODUCT DISCLOSURE AND OTHER PROVISIONS RELATING TO ISSUE, SALE AND PURCHASE OF FINANCIAL PRODUCTS
- Division 1 - Preliminary
- SECTION 1010A PART GENERALLY DOES NOT APPLY TO SECURITIES
- SECTION 1010B PART DOES NOT APPLY TO FINANCIAL PRODUCTS NOT ISSUED IN THE COURSE OF A BUSINESS
- SECTION 1010BA PART DOES NOT APPLY TO CONTRIBUTION PLANS AND ESS CONTRIBUTION PLANS
- SECTION 1010C MEANING OF OFFER, PURCHASE AND SALE - PART 7.9
- SECTION 1010D GENERAL APPROACH TO OFFENCE PROVISIONS
- Division 2 - Product Disclosure Statements
- Subdivision A - Preliminary
- SECTION 1011A JURISDICTIONAL SCOPE OF DIVISION
- SECTION 1011B MEANING OF REGULATED PERSON
- SECTION 1011C TREATMENT OF OFFERS OF OPTIONS OVER FINANCIAL PRODUCTS
- Subdivision B - Requirement for a Product Disclosure Statement to be given
- SECTION 1012A OBLIGATION TO GIVE PRODUCT DISCLOSURE STATEMENT - PERSONAL ADVICE RECOMMENDING PARTICULAR FINANCIAL PRODUCT
- SECTION 1012B OBLIGATION TO GIVE PRODUCT DISCLOSURE STATEMENT - SITUATIONS RELATED TO ISSUE OF FINANCIAL PRODUCTS
- SECTION 1012C OBLIGATION TO GIVE PRODUCT DISCLOSURE STATEMENT - OFFERS RELATED TO SALE OF FINANCIAL PRODUCTS
- SECTION 1012D SITUATIONS IN WHICH PRODUCT DISCLOSURE STATEMENT IS NOT REQUIRED
- SECTION 1012DAA RIGHTS ISSUES FOR WHICH PRODUCT DISCLOSURE STATEMENT IS NOT REQUIRED
- SECTION 1012DA PRODUCT DISCLOSURE STATEMENT NOT REQUIRED FOR SALE AMOUNTING TO INDIRECT ISSUE
- SECTION 1012E SMALL SCALE OFFERINGS OF MANAGED INVESTMENT AND OTHER PRESCRIBED FINANCIAL PRODUCTS (20 ISSUES OR SALES IN 12 MONTHS)
- SECTION 1012F PRODUCT DISCLOSURE STATEMENT FOR CERTAIN SUPERANNUATION PRODUCTS MAY BE PROVIDED LATER
- SECTION 1012G PRODUCT DISCLOSURE STATEMENT MAY SOMETIMES BE PROVIDED LATER
- SECTION 1012GA PRODUCT DISCLOSURE STATEMENT FOR CERTAIN GENERAL INSURANCE PRODUCT QUOTES MAY BE PROVIDED LATER, OR IS NOT REQUIRED
- SECTION 1012H OBLIGATION TO TAKE REASONABLE STEPS TO ENSURE THAT PRODUCT DISCLOSURE STATEMENT IS GIVEN TO PERSON ELECTING TO BE COVERED BY GROUP FINANCIAL PRODUCT
- SECTION 1012I OBLIGATION TO GIVE EMPLOYER A PRODUCT DISCLOSURE STATEMENT IN RELATION TO CERTAIN SUPERANNUATION PRODUCTS AND RSAs
- SECTION 1012IA TREATMENT OF ARRANGEMENTS UNDER WHICH A PERSON CAN INSTRUCT ANOTHER PERSON TO ACQUIRE A FINANCIAL PRODUCT
- SECTION 1012J INFORMATION MUST BE UP TO DATE
- SECTION 1012K ANTI-AVOIDANCE DETERMINATIONS
- Subdivision C - Preparation and content of Product Disclosure Statements
- SECTION 1013A WHO MUST PREPARE PRODUCT DISCLOSURE STATEMENT
- SECTION 1013B TITLE OF PRODUCT DISCLOSURE STATEMENT
- SECTION 1013C PRODUCT DISCLOSURE STATEMENT CONTENT REQUIREMENTS
- SECTION 1013D PRODUCT DISCLOSURE STATEMENT CONTENT - MAIN REQUIREMENTS
- SECTION 1013DA INFORMATION ABOUT ETHICAL CONSIDERATIONS ETC.
- SECTION 1013E GENERAL OBLIGATION TO INCLUDE OTHER INFORMATION THAT MIGHT INFLUENCE A DECISION TO ACQUIRE
- SECTION 1013F GENERAL LIMITATIONS ON EXTENT TO WHICH INFORMATION IS REQUIRED TO BE INCLUDED
- SECTION 1013FA INFORMATION NOT REQUIRED TO BE INCLUDED IN PDS FOR CONTINUOUSLY QUOTED SECURITIES
- SECTION 1013G PRODUCT DISCLOSURE STATEMENT MUST BE DATED
- SECTION 1013GA EXTRA REQUIREMENTS IF PRODUCT DISCLOSURE STATEMENT RELATES TO FOREIGN PASSPORT FUND PRODUCTS
- SECTION 1013H REQUIREMENTS IF PRODUCT DISCLOSURE STATEMENT STATES OR IMPLIES THAT FINANCIAL PRODUCT WILL BE ABLE TO BE TRADED
- SECTION 1013I EXTRA REQUIREMENTS IF PRODUCT DISCLOSURE STATEMENT RELATES TO MANAGED INVESTMENT PRODUCTS THAT ARE ED SECURITIES
- SECTION 1013IA EXTRA REQUIREMENTS IF PRODUCT DISCLOSURE STATEMENT RELATES TO FOREIGN PASSPORT FUND PRODUCTS THAT ARE ED SECURITIES
- SECTION 1013J REQUIREMENTS IF STATEMENT HAS BEEN LODGED WITH ASIC
- SECTION 1013K REQUIREMENTS RELATING TO CONSENTS TO CERTAIN STATEMENTS
- SECTION 1013L PRODUCT DISCLOSURE STATEMENT MAY CONSIST OF 2 OR MORE SEPARATE DOCUMENTS GIVEN AT SAME TIME
- SECTION 1013M COMBINING A PRODUCT DISCLOSURE STATEMENT AND A FINANCIAL SERVICES GUIDE IN A SINGLE DOCUMENT
- Subdivision D - Supplementary Product Disclosure Statements
- SECTION 1014A MEANING OF SUPPLEMENTARY PRODUCT DISCLOSURE STATEMENT
- SECTION 1014B TITLE OF SUPPLEMENTARY PRODUCT DISCLOSURE STATEMENT
- SECTION 1014C FORM OF SUPPLEMENTARY PRODUCT DISCLOSURE STATEMENT
- SECTION 1014D EFFECT OF GIVING PERSON A SUPPLEMENTARY PRODUCT DISCLOSURE STATEMENT
- SECTION 1014E SITUATION IN WHICH ONLY A SUPPLEMENTARY PRODUCT DISCLOSURE STATEMENT NEED BE GIVEN
- SECTION 1014F APPLICATION OF OTHER PROVISIONS IN RELATION TO SUPPLEMENTARY PRODUCT DISCLOSURE STATEMENTS
- Subdivision DA - Replacement Product Disclosure Statements
- SECTION 1014G APPLICATION OF THIS SUBDIVISION - STAPLED SECURITIES
- SECTION 1014H MEANING OF REPLACEMENT PRODUCT DISCLOSURE STATEMENT
- SECTION 1014J CONSEQUENCES OF LODGING A REPLACEMENT PRODUCT DISCLOSURE STATEMENT
- SECTION 1014K FORM, CONTENT AND PREPARATION OF REPLACEMENT PRODUCT DISCLOSURE STATEMENTS
- SECTION 1014L GIVING, LODGMENT AND NOTICE OF REPLACEMENT PRODUCT DISCLOSURE STATEMENTS
- Subdivision E - Other requirements relating to Product Disclosure Statements and Supplementary Product Disclosure Statements
- SECTION 1015A SUBDIVISION APPLIES TO PRODUCT DISCLOSURE STATEMENTS AND SUPPLEMENTARY PRODUCT DISCLOSURE STATEMENTS
- SECTION 1015B SOME STATEMENTS MUST BE LODGED WITH ASIC
- SECTION 1015C HOW A STATEMENT IS TO BE GIVEN
- SECTION 1015D NOTICE, RETENTION AND ACCESS REQUIREMENTS FOR STATEMENT THAT DOES NOT NEED TO BE LODGED
- SECTION 1015E ALTERING A STATEMENT AFTER ITS PREPARATION AND BEFORE GIVING IT TO A PERSON
- Subdivision F - Other rights and obligations related to Product Disclosure Statements
- SECTION 1016A PROVISIONS RELATING TO USE OF APPLICATION FORMS
- SECTION 1016B IF STATEMENT LODGED WITH ASIC, FINANCIAL PRODUCT IS NOT TO BE ISSUED OR SOLD BEFORE SPECIFIED PERIOD
- SECTION 1016C MINIMUM SUBSCRIPTION CONDITION MUST BE FULFILLED BEFORE ISSUE OR SALE
- SECTION 1016D CONDITION ABOUT ABILITY TO TRADE ON A MARKET MUST BE FULFILLED BEFORE ISSUE OR SALE
- SECTION 1016E CHOICES OPEN TO PERSON MAKING THE OFFER IF DISCLOSURE CONDITION NOT MET OR PRODUCT DISCLOSURE STATEMENT DEFECTIVE
- SECTION 1016F REMEDIES FOR PERSON ACQUIRING FINANCIAL PRODUCT UNDER DEFECTIVE PRODUCT DISCLOSURE DOCUMENT
- Division 3 - Other disclosure obligations of the issuer of a financial product
- SECTION 1017A OBLIGATION TO GIVE ADDITIONAL INFORMATION ON REQUEST
- SECTION 1017B ONGOING DISCLOSURE OF MATERIAL CHANGES AND SIGNIFICANT EVENTS
- SECTION 1017BA TRUSTEES OF REGULATED SUPERANNUATION FUNDS - OBLIGATION TO MAKE PRODUCT DASHBOARD PUBLICLY AVAILABLE
- SECTION 1017BB TRUSTEES OF REGISTRABLE SUPERANNUATION ENTITIES - OBLIGATION TO MAKE INFORMATION RELATING TO INVESTMENT OF ASSETS PUBLICLY AVAILABLE
- SECTION 1017BC OBLIGATIONS RELATING TO INVESTMENT OF ASSETS OF REGISTRABLE SUPERANNUATION ENTITIES - GENERAL RULE ABOUT GIVING NOTICE AND PROVIDING INFORMATION
- SECTION 1017BD OBLIGATIONS RELATING TO INVESTMENT OF ASSETS OF REGISTRABLE SUPERANNUATION ENTITIES - GIVING NOTICE TO PROVIDERS UNDER CUSTODIAL ARRANGEMENTS
- SECTION 1017BE OBLIGATIONS RELATING TO INVESTMENT OF ASSETS OF REGISTRABLE SUPERANNUATION ENTITIES - GIVING NOTICE TO ACQUIRERS UNDER CUSTODIAL ARRANGEMENTS
- SECTION 1017C INFORMATION FOR EXISTING HOLDERS OF SUPERANNUATION PRODUCTS AND RSAs
- SECTION 1017D PERIODIC STATEMENTS FOR RETAIL CLIENTS FOR FINANCIAL PRODUCTS THAT HAVE AN INVESTMENT COMPONENT
- SECTION 1017DA TRUSTEES OF SUPERANNUATION ENTITIES - REGULATIONS MAY SPECIFY ADDITIONAL OBLIGATIONS TO PROVIDE INFORMATION
- SECTION 1017E DEALING WITH MONEY RECEIVED FOR FINANCIAL PRODUCT BEFORE THE PRODUCT IS ISSUED
- SECTION 1017F CONFIRMING TRANSACTIONS
- SECTION 1017G CERTAIN PRODUCT ISSUERS AND REGULATED PERSONS MUST MEET APPROPRIATE DISPUTE RESOLUTION REQUIREMENTS
- Division 4 - Advertising for financial products
- SECTION 1018A ADVERTISING OR OTHER PROMOTIONAL MATERIAL FOR FINANCIAL PRODUCT MUST REFER TO PRODUCT DISCLOSURE STATEMENT
- SECTION 1018B PROHIBITION ON ADVERTISING PERSONAL OFFERS COVERED BY SECTION 1012E
- Division 5 - Cooling-off periods
- SECTION 1019A SITUATIONS IN WHICH THIS DIVISION APPLIES
- SECTION 1019B COOLING-OFF PERIOD FOR RETURN OF FINANCIAL PRODUCT
- Division 5A - Unsolicited offers to purchase financial products off-market
- SECTION 1019C DEFINITIONS
- SECTION 1019D OFFERS TO WHICH THIS DIVISION APPLIES
- SECTION 1019E HOW OFFERS ARE TO BE MADE
- SECTION 1019F PROHIBITION ON INVITING OFFERS TO SELL
- SECTION 1019G DURATION AND WITHDRAWAL OF OFFERS
- SECTION 1019H TERMS OF OFFER CANNOT BE VARIED
- SECTION 1019I CONTENTS OF OFFER DOCUMENT
- SECTION 1019J OBLIGATION TO UPDATE MARKET VALUE
- SECTION 1019K RIGHTS IF REQUIREMENTS OF DIVISION NOT COMPLIED WITH
- Division 5B - Disclosure etc. in relation to short sales covered by securities lending arrangement of listed section 1020B products
- SECTION 1020AAA TREATMENT OF TRANSACTIONS RELATING TO SECTION 1020B PRODUCTS
- SECTION 1020AA MEANING OF SECURITIES LENDING ARRANGEMENT
- SECTION 1020AB SELLER DISCLOSURE
- SECTION 1020AC LICENSEE DISCLOSURE
- SECTION 1020AD PUBLIC DISCLOSURE OF INFORMATION
- SECTION 1020AE LICENSEE ' S OBLIGATION TO ASK SELLER ABOUT SHORT SALE
- SECTION 1020AF REGULATIONS
- Division 5C - Information about CGS depository interests
- SECTION 1020AG JURISDICTIONAL SCOPE OF DIVISION
- SECTION 1020AH MEANING OF CGS DEPOSITORY INTEREST INFORMATION WEBSITE, INFORMATION STATEMENT AND REGULATED PERSON
- SECTION 1020AI REQUIREMENT TO GIVE INFORMATION STATEMENTS FOR CGS DEPOSITORY INTEREST IF RECOMMENDING ACQUISITION OF INTEREST
- SECTION 1020AJ INFORMATION STATEMENT GIVEN MUST BE UP TO DATE
- SECTION 1020AK HOW AN INFORMATION STATEMENT IS TO BE GIVEN
- SECTION 1020AL CIVIL ACTION FOR LOSS OR DAMAGE
- Division 6 - Miscellaneous
- SECTION 1020A OFFERS ETC. RELATING TO CERTAIN MANAGED INVESTMENT SCHEMES NOT TO BE MADE IN CERTAIN CIRCUMSTANCES
- SECTION 1020BAA OFFERS ETC. RELATING TO FOREIGN PASSPORT FUNDS NOT TO BE MADE IN CERTAIN CIRCUMSTANCES
- SECTION 1020B PROHIBITION OF CERTAIN SHORT SALES OF SECURITIES, MANAGED INVESTMENT PRODUCTS, FOREIGN PASSPORT FUND PRODUCTS AND CERTAIN OTHER FINANCIAL PRODUCTS
- SECTION 1020C ASIC ' S POWER TO PROHIBIT SHORT SELLING IN CERTAIN CASES
- SECTION 1020D PART CANNOT BE CONTRACTED OUT OF
- SECTION 1020E STOP ORDERS BY ASIC
- SECTION 1020F EXEMPTIONS AND MODIFICATIONS BY ASIC
- SECTION 1020G EXEMPTIONS AND MODIFICATIONS BY REGULATIONS
- Division 7 - Enforcement
- Subdivision A - Offences
- SECTION 1021A OVERVIEW
- SECTION 1021B MEANING OF DEFECTIVE AND DISCLOSURE DOCUMENT OR STATEMENT
- SECTION 1021C OFFENCE OF FAILING TO GIVE ETC. A DISCLOSURE DOCUMENT OR STATEMENT
- SECTION 1021D OFFENCE OF PREPARER OF DEFECTIVE DISCLOSURE DOCUMENT OR STATEMENT GIVING THE DOCUMENT OR STATEMENT KNOWING IT TO BE DEFECTIVE
- SECTION 1021E PREPARER OF DEFECTIVE DISCLOSURE DOCUMENT OR STATEMENT GIVING THE DOCUMENT OR STATEMENT (WHETHER OR NOT KNOWN TO BE DEFECTIVE)
- SECTION 1021F OFFENCE OF REGULATED PERSON (OTHER THAN PREPARER) GIVING DISCLOSURE DOCUMENT OR STATEMENT KNOWING IT TO BE DEFECTIVE
- SECTION 1021FA PARAGRAPH 1012G(3)(a) OBLIGATION - OFFENCES RELATING TO COMMUNICATION OF INFORMATION
- SECTION 1021FB PARAGRAPH 1012G(3)(a) OBLIGATION - OFFENCES RELATING TO INFORMATION PROVIDED BY PRODUCT ISSUER FOR COMMUNICATION BY ANOTHER PERSON
- SECTION 1021G FINANCIAL SERVICES LICENSEE FAILING TO ENSURE AUTHORISED REPRESENTATIVE GIVES ETC. DISCLOSURE DOCUMENTS OR STATEMENTS AS REQUIRED
- SECTION 1021H OFFENCES IF A PRODUCT DISCLOSURE STATEMENT (OR SUPPLEMENTARY PDS) DOES NOT COMPLY WITH CERTAIN REQUIREMENTS
- SECTION 1021I OFFENCE OF GIVING DISCLOSURE DOCUMENT OR STATEMENT THAT HAS NOT BEEN PREPARED BY THE APPROPRIATE PERSON
- SECTION 1021J OFFENCES IF PREPARER ETC. OF DISCLOSURE DOCUMENT OR STATEMENT BECOMES AWARE THAT IT IS DEFECTIVE
- SECTION 1021K OFFENCE OF UNAUTHORISED ALTERATION OF PRODUCT DISCLOSURE STATEMENT (OR SUPPLEMENTARY PDS)
- SECTION 1021L OFFENCES OF GIVING, OR FAILING TO WITHDRAW, CONSENT TO INCLUSION OF DEFECTIVE STATEMENT
- SECTION 1021M OFFENCES RELATING TO KEEPING AND PROVIDING COPIES OF PRODUCT DISCLOSURE STATEMENTS (OR SUPPLEMENTARY PDSs)
- SECTION 1021N OFFENCE OF FAILING TO PROVIDE ADDITIONAL INFORMATION REQUESTED UNDER SECTION 1017A
- SECTION 1021NA OFFENCES RELATING TO OBLIGATION TO MAKE PRODUCT DASHBOARD PUBLICLY AVAILABLE
- SECTION 1021NB OFFENCES RELATING TO OBLIGATION TO MAKE SUPERANNUATION INVESTMENT INFORMATION PUBLICLY AVAILABLE
- SECTION 1021NC OFFENCES RELATING TO OBLIGATIONS UNDER SECTIONS 1017BC, 1017BD AND 1017BE
- SECTION 1021O OFFENCES OF ISSUER OR SELLER OF FINANCIAL PRODUCT FAILING TO PAY MONEY INTO AN ACCOUNT AS REQUIRED
- SECTION 1021P OFFENCES RELATING TO OFFERS TO WHICH DIVISION 5A APPLIES
- Subdivision B - Civil liability
- SECTION 1022A MEANING OF DEFECTIVE AND DISCLOSURE DOCUMENT OR STATEMENT
- SECTION 1022B CIVIL ACTION FOR LOSS OR DAMAGE
- SECTION 1022C ADDITIONAL POWERS OF COURT TO MAKE ORDERS
- PART 7.9A - PRODUCT INTERVENTION ORDERS
- SECTION 1023A OBJECT
- SECTION 1023B MEANING OF FINANCIAL PRODUCT - PART 7.9A
- SECTION 1023C APPLICATION OF PRODUCT INTERVENTION ORDERS
- SECTION 1023D ASIC MAY MAKE PRODUCT INTERVENTION ORDERS
- SECTION 1023E SIGNIFICANT DETRIMENT TO RETAIL CLIENTS
- SECTION 1023F ASIC TO CONSULT BEFORE MAKING PRODUCT INTERVENTION ORDERS
- SECTION 1023G COMMENCEMENT AND DURATION OF PRODUCT INTERVENTION ORDERS
- SECTION 1023H EXTENSION OF PRODUCT INTERVENTION ORDERS
- SECTION 1023J AMENDMENT OF PRODUCT INTERVENTION ORDERS
- SECTION 1023K REVOCATION OF PRODUCT INTERVENTION ORDERS
- SECTION 1023L ASIC TO ISSUE PUBLIC NOTICE OF PRODUCT INTERVENTION ORDERS
- SECTION 1023M REMAKING PRODUCT INTERVENTION ORDERS
- SECTION 1023N PRODUCT INTERVENTION ORDERS MAY REQUIRE NOTIFICATION
- SECTION 1023P ENFORCEMENT OF PRODUCT INTERVENTION ORDERS
- SECTION 1023Q CIVIL LIABILITY
- SECTION 1023R ADDITIONAL POWERS OF COURT TO MAKE ORDERS
- SECTION 1023S AVOIDANCE SCHEMES - PROHIBITION
- SECTION 1023T AVOIDANCE SCHEMES - PRESUMPTION OF AVOIDANCE FOR CERTAIN SCHEMES IN CIVIL CASES
- SECTION 1023U AVOIDANCE SCHEMES - EXEMPTION BY ASIC
- PART 7.10 - MARKET MISCONDUCT AND OTHER PROHIBITED CONDUCT RELATING TO FINANCIAL PRODUCTS AND FINANCIAL SERVICES
- Division 1 - Preliminary
- SECTION 1040A CONTENT OF PART
- SECTION 1040B TREAT CERTAIN INSTRUMENTS AS IF THEY WERE FINANCIAL PRODUCTS AND DIVISION 3 FINANCIAL PRODUCTS
- Division 2 - The prohibited conduct (other than insider trading prohibitions)
- SECTION 1041A MARKET MANIPULATION
- SECTION 1041B FALSE TRADING AND MARKET RIGGING - CREATING A FALSE OR MISLEADING APPEARANCE OF ACTIVE TRADING ETC.
- SECTION 1041C FALSE TRADING AND MARKET RIGGING - ARTIFICIALLY MAINTAINING ETC. TRADING PRICE
- SECTION 1041D DISSEMINATION OF INFORMATION ABOUT ILLEGAL TRANSACTIONS
- SECTION 1041E FALSE OR MISLEADING STATEMENTS
- SECTION 1041F INDUCING PERSONS TO DEAL
- SECTION 1041G DISHONEST CONDUCT
- SECTION 1041H MISLEADING OR DECEPTIVE CONDUCT (CIVIL LIABILITY ONLY)
- SECTION 1041I CIVIL ACTION FOR LOSS OR DAMAGE FOR CONTRAVENTION OF SECTIONS 1041E TO 1041H
- SECTION 1041J SECTIONS OF THIS DIVISION HAVE EFFECT INDEPENDENTLY OF EACH OTHER
- SECTION 1041K DIVISION APPLIES TO CERTAIN CONDUCT TO THE EXCLUSION OF STATE FAIR TRADING ACTS PROVISIONS
- Division 2A - Proportionate liability for misleading and deceptive conduct
- SECTION 1041L APPLICATION OF DIVISION
- SECTION 1041M CERTAIN CONCURRENT WRONGDOERS NOT TO HAVE BENEFIT OF APPORTIONMENT
- SECTION 1041N PROPORTIONATE LIABILITY FOR APPORTIONABLE CLAIMS
- SECTION 1041O DEFENDANT TO NOTIFY PLAINTIFF OF CONCURRENT WRONGDOER OF WHOM DEFENDANT AWARE
- SECTION 1041P CONTRIBUTION NOT RECOVERABLE FROM DEFENDANT
- SECTION 1041Q SUBSEQUENT ACTIONS
- SECTION 1041R JOINING NON-PARTY CONCURRENT WRONGDOER IN THE ACTION
- SECTION 1041S APPLICATION OF DIVISION
- Division 3 - The insider trading prohibitions
- Subdivision A - Preliminary
- SECTION 1042A MEANING OF SOME TERMS RELATING TO THE INSIDER TRADING PROHIBITIONS
- SECTION 1042B APPLICATION OF DIVISION
- SECTION 1042C MEANING OF GENERALLY AVAILABLE
- SECTION 1042D MEANING OF MATERIAL EFFECT
- SECTION 1042E MEANING OF ABLE TO BE TRADED
- SECTION 1042F MEANING OF PROCURE
- SECTION 1042G INFORMATION IN POSSESSION OF OFFICER OF BODY CORPORATE
- SECTION 1042H INFORMATION IN POSSESSION OF PARTNER OR EMPLOYEE OF PARTNERSHIP
- Subdivision B - The prohibited conduct
- SECTION 1043A PROHIBITED CONDUCT BY PERSON IN POSSESSION OF INSIDE INFORMATION
- SECTION 1043B EXCEPTION FOR WITHDRAWAL FROM REGISTERED SCHEME OR NOTIFIED FOREIGN PASSPORT FUND
- SECTION 1043C EXCEPTION FOR UNDERWRITERS
- SECTION 1043D EXCEPTION FOR ACQUISITION PURSUANT TO LEGAL REQUIREMENT
- SECTION 1043E EXCEPTION FOR INFORMATION COMMUNICATED PURSUANT TO A LEGAL REQUIREMENT
- SECTION 1043F CHINESE WALL ARRANGEMENTS BY BODIES CORPORATE
- SECTION 1043G CHINESE WALL ARRANGEMENTS BY PARTNERSHIPS ETC.
- SECTION 1043H EXCEPTION FOR KNOWLEDGE OF PERSON'S OWN INTENTIONS OR ACTIVITIES
- SECTION 1043I EXCEPTION FOR BODIES CORPORATE
- SECTION 1043J EXCEPTION FOR OFFICERS OR AGENTS OF BODY CORPORATE
- SECTION 1043K TRANSACTIONS BY HOLDER OF FINANCIAL SERVICES LICENCE OR A REPRESENTATIVE OF THE HOLDER OF SUCH A LICENCE
- SECTION 1043L A SPECIFIC SITUATION IN WHICH A COMPENSATION ORDER UNDER SECTION 1317HA MAY BE MADE
- SECTION 1043M DEFENCES TO PROSECUTION FOR AN OFFENCE
- SECTION 1043N RELIEF FROM CIVIL LIABILITY
- SECTION 1043O POWERS OF COURT
- Division 4 - Defences, relief and limits on liability
- SECTION 1044A GENERAL DEFENCE OR RELIEF FOR PUBLISHERS
- SECTION 1044B LIMIT ON LIABILITY FOR MISLEADING OR DECEPTIVE CONDUCT
- Division 5 - Miscellaneous
- SECTION 1045A EXEMPTIONS AND MODIFICATIONS BY REGULATIONS
- PART 7.10A - EXTERNAL DISPUTE RESOLUTION
- Division 1 - Authorisation of an external dispute resolution scheme
- Subdivision A - Minister may authorise an external dispute resolution scheme
- SECTION 1050 MINISTER MAY AUTHORISE AN EXTERNAL DISPUTE RESOLUTION SCHEME
- Subdivision B - Mandatory requirements and general considerations
- SECTION 1051 MANDATORY REQUIREMENTS
- SECTION 1051A GENERAL CONSIDERATIONS
- Division 2 - Regulating the AFCA scheme
- SECTION 1052 OBLIGATION TO COMPLY WITH MANDATORY REQUIREMENTS
- SECTION 1052A ASIC MAY ISSUE REGULATORY REQUIREMENTS
- SECTION 1052B DIRECTIONS TO INCREASE LIMITS ON THE VALUE OF CLAIMS
- SECTION 1052BA DIRECTIONS TO ENSURE SUFFICIENT FINANCING
- SECTION 1052C GENERAL DIRECTIONS TO AFCA
- SECTION 1052D APPROVAL OF MATERIAL CHANGES TO THE AFCA SCHEME
- SECTION 1052E REFERRING MATTERS TO APPROPRIATE AUTHORITIES
- Division 3 - Additional provisions relating to superannuation complaints
- Subdivision A - Preliminary
- SECTION 1053 MEANING OF SUPERANNUATION COMPLAINT
- SECTION 1053A PERSONS TAKEN TO BE MEMBERS OF REGULATED SUPERANNUATION FUNDS, AFCA REGULATED SUPERANNUATION SCHEMES AND APPROVED DEPOSIT FUNDS AND HOLDERS OF RSAs
- SECTION 1053B THIS DIVISION DOES NOT RESTRICT ABILITY TO MAKE OTHER COMPLAINTS
- Subdivision B - Powers of AFCA
- SECTION 1054 POWER TO JOIN OTHER PARTIES TO SUPERANNUATION COMPLAINT
- SECTION 1054A POWER TO OBTAIN INFORMATION AND DOCUMENTS
- SECTION 1054B POWER TO REQUIRE ATTENDANCE AT CONCILIATION CONFERENCES
- SECTION 1054BA POWER TO GIVE DIRECTIONS
- SECTION 1054C REFERENCE OF QUESTIONS OF LAW TO FEDERAL COURT
- Subdivision C - Determinations of superannuation complaints
- SECTION 1055 MAKING A DETERMINATION
- SECTION 1055A AFCA TO GIVE REASONS
- SECTION 1055B OPERATION OF DETERMINATION OF SUPERANNUATION COMPLAINT
- SECTION 1055C EVIDENCE OF DETERMINATION OF SUPERANNUATION COMPLAINT
- SECTION 1055D COMPLIANCE WITH DETERMINATIONS UNDER THE AFCA SCHEME
- Subdivision D - Superannuation complaints relating to payment of death benefits
- SECTION 1056 WHEN SUPERANNUATION COMPLAINT CANNOT BE MADE IN RELATION TO DECISION ABOUT THE PAYMENT OF DEATH BENEFIT
- SECTION 1056A JOINING PERSONS TO COMPLAINTS RELATING TO DEATH BENEFIT DECISIONS
- Subdivision E - Appeals to the Federal Court
- SECTION 1057 APPEALS TO THE FEDERAL COURT FROM DETERMINATION OF SUPERANNUATION COMPLAINT
- SECTION 1057A OPERATION AND IMPLEMENTATION OF DETERMINATION THAT IS SUBJECT TO APPEAL
- SECTION 1057B SENDING OF DOCUMENTS TO, AND DISCLOSURE OF DOCUMENTS BY, THE FEDERAL COURT
- Subdivision F - Secrecy
- SECTION 1058 SECRECY
- Division 4 - Information sharing and reporting
- SECTION 1058A AUTHORISED USE OR DISCLOSURE OF INFORMATION
- SECTION 1058B AFCA REPORTING TO CSLR OPERATOR
- PART 7.10B - FINANCIAL SERVICES COMPENSATION SCHEME OF LAST RESORT
- Division 1 - Establishment of the scheme
- SECTION 1059 ESTABLISHMENT OF THE SCHEME
- SECTION 1060 MINISTER MAY AUTHORISE AN OPERATOR OF THE SCHEME
- SECTION 1061 MINISTER MAY APPOINT INDEPENDENT MEMBER
- SECTION 1062 MANDATORY REQUIREMENTS
- Division 2 - Compensation payments under the scheme
- SECTION 1063 COMPENSATION PAYMENTS
- SECTION 1064 ELIGIBILITY FOR COMPENSATION PAYMENTS
- SECTION 1065 MEANING OF RELEVANT AFCA DETERMINATION
- SECTION 1066 APPLICATIONS FOR COMPENSATION PAYMENTS
- SECTION 1067 AMOUNT OF COMPENSATION PAYMENTS
- SECTION 1068 OFFER OF COMPENSATION PAYMENTS
- SECTION 1069 ACCEPTANCE OF OFFER OF COMPENSATION PAYMENTS
- SECTION 1069A CSLR OPERATOR ' S RIGHT OF SUBROGATION IF COMPENSATION IS PAID
- Division 3 - Reimbursement of unpaid AFCA fees
- SECTION 1069B PAYMENT OF AFCA ' S UNPAID FEES
- SECTION 1069C PAYMENT OF AFCA ' S ACCUMULATED UNPAID FEES
- Division 4 - Powers, reporting and information sharing
- Subdivision A - Powers of CSLR operator
- SECTION 1069D POWER TO OBTAIN INFORMATION AND DOCUMENTS
- Subdivision B - Information sharing and reporting
- SECTION 1069E AUTHORISED USE OR DISCLOSURE OF INFORMATION
- SECTION 1069F REPORTING BY CSLR OPERATOR
- SECTION 1069G PUBLISHING REPORTS
- Subdivision C - Powers of the Minister
- SECTION 1069H MINISTERIAL DETERMINATION
- Division 5 - Regulating the CSLR operator
- SECTION 1069J OBLIGATION TO COMPLY WITH MANDATORY REQUIREMENTS
- SECTION 1069K ASIC MAY ISSUE REGULATORY REQUIREMENTS
- SECTION 1069L GENERAL DIRECTIONS TO CSLR OPERATOR
- Division 6 - Financial matters
- SECTION 1069M COSTS FOR FIRST LEVY PERIOD
- SECTION 1069N PAYMENT TO THE CSLR OPERATOR OF AMOUNT FOR THE FIRST LEVY PERIOD FOR THE SCHEME
- SECTION 1069P PAYMENT TO THE CSLR OPERATOR OF AMOUNTS EQUAL TO LEVY
- SECTION 1069Q APPLICATION OF MONEY BY CSLR OPERATOR
- SECTION 1069R INVESTMENT BY CSLR OPERATOR
- SECTION 1069S RECOVERY OF OVERPAYMENTS
- PART 7.11 - TITLE AND TRANSFER
- Division 1 - Title to certain securities
- SECTION 1070A NATURE OF SHARES AND CERTAIN OTHER INTERESTS IN A COMPANY OR REGISTERED SCHEME
- SECTION 1070B NUMBERING OF SHARES
- SECTION 1070C MATTERS TO BE SPECIFIED IN SHARE CERTIFICATE
- SECTION 1070D LOSS OR DESTRUCTION OF TITLE DOCUMENTS FOR CERTAIN SECURITIES
- Division 2 - Transfer of certain securities
- Subdivision A - General provisions
- SECTION 1071A APPLICATION OF THE SUBDIVISION TO CERTAIN SECURITIES
- SECTION 1071B INSTRUMENT OF TRANSFER
- SECTION 1071C OCCUPATION NEED NOT APPEAR IN TRANSFER DOCUMENT, REGISTER ETC.
- SECTION 1071D REGISTRATION OF TRANSFER AT REQUEST OF TRANSFEROR
- SECTION 1071E NOTICE OF REFUSAL TO REGISTER TRANSFER
- SECTION 1071F REMEDY FOR REFUSAL TO REGISTER TRANSFER OR TRANSMISSION
- SECTION 1071G CERTIFICATION OF TRANSFERS
- SECTION 1071H DUTIES OF COMPANY WITH RESPECT TO ISSUE OF CERTIFICATES
- Subdivision B - Special provisions for shares
- SECTION 1072A TRANSMISSION OF SHARES ON DEATH (REPLACEABLE RULE - SEE SECTION 135)
- SECTION 1072B TRANSMISSION OF SHARES ON BANKRUPTCY (REPLACEABLE RULE - SEE SECTION 135)
- SECTION 1072C RIGHTS OF TRUSTEE OF ESTATE OF BANKRUPT SHAREHOLDER
- SECTION 1072D TRANSMISSION OF SHARES ON MENTAL INCAPACITY (REPLACEABLE RULE - SEE SECTION 135)
- SECTION 1072E TRUSTEE ETC. MAY BE REGISTERED AS OWNER OF SHARES
- SECTION 1072F REGISTRATION OF TRANSFERS (REPLACEABLE RULE - SEE SECTION 135)
- SECTION 1072G ADDITIONAL GENERAL DISCRETION FOR DIRECTORS OF PROPRIETARY COMPANIES TO REFUSE TO REGISTER TRANSFERS (REPLACEABLE RULE - SEE SECTION 135)
- SECTION 1072H NOTICES RELATING TO NON-BENEFICIAL AND BENEFICIAL OWNERSHIP OF SHARES
- Division 3 - Transfer of certain securities effected otherwise than through a prescribed CS facility
- SECTION 1073A APPLICATION OF THE DIVISION TO CERTAIN SECURITIES
- SECTION 1073B MEANING OF TRANSFER
- SECTION 1073C APPLICATION OF DIVISION TO CERTAIN BODIES AS IF THEY WERE COMPANIES
- SECTION 1073D REGULATIONS MAY GOVERN TRANSFER OF CERTAIN SECURITIES
- SECTION 1073E ASIC MAY EXTEND REGULATIONS TO SECURITIES NOT OTHERWISE COVERED
- SECTION 1073F OPERATION OF THIS DIVISION AND REGULATIONS MADE FOR ITS PURPOSES
- Division 4 - Transfer of financial products effected through prescribed CS facility
- SECTION 1074A FINANCIAL PRODUCTS TO WHICH THIS DIVISION APPLIES
- SECTION 1074B DEFINITIONS
- SECTION 1074C OPERATING RULES OF PRESCRIBED CS FACILITY MAY DEAL WITH TRANSFER OF TITLE
- SECTION 1074D VALID AND EFFECTIVE TRANSFER IF OPERATING RULES COMPLIED WITH
- SECTION 1074E REGULATIONS MAY GOVERN TRANSFER OF FINANCIAL PRODUCTS IN ACCORDANCE WITH OPERATING RULES OF PRESCRIBED CS FACILITY
- SECTION 1074F ISSUER PROTECTED FROM CIVIL LIABILITY FOR PERSON'S CONTRAVENTION OF PRESCRIBED CS FACILITY'S CERTIFICATE CANCELLATION RULES
- SECTION 1074G OPERATION OF THIS DIVISION AND REGULATIONS MADE FOR ITS PURPOSES
- Division 5 - Exemptions and modifications
- SECTION 1075A ASIC'S POWER TO EXEMPT AND MODIFY
- PART 7.12 - MISCELLANEOUS
- Division 1 - Qualified privilege
- SECTION 1100A QUALIFIED PRIVILEGE FOR INFORMATION GIVEN TO ASIC
- SECTION 1100B QUALIFIED PRIVILEGE FOR THE CONDUCT OF MARKET LICENSEES AND CS FACILITY LICENSEES
- SECTION 1100C QUALIFIED PRIVILEGE FOR INFORMATION GIVEN TO MARKET LICENSEES AND CS FACILITY LICENSEES ETC.
- SECTION 1100D EXTENSION OF PROTECTIONS GIVEN BY THIS DIVISION
- Division 1A - Employee share schemes
- Subdivision A - Introduction
- SECTION 1100E SIMPLIFIED OUTLINE OF THIS DIVISION
- SECTION 1100F GEOGRAPHICAL COVERAGE OF DIVISION
- SECTION 1100G OFFERS AND INVITATIONS BOTH COVERED
- SECTION 1100H PERSON OFFERING INTERESTS
- SECTION 1100J OFFERS MAY ALSO BE MADE IN RELIANCE ON SECTION 708 OR 1012D
- SECTION 1100K FINANCIAL MARKETS RECOGNISED UNDER THIS DIVISION
- Subdivision B - Key concepts
- SECTION 1100L MEANING OF EMPLOYEE SHARE SCHEME
- SECTION 1100M MEANING OF ESS INTEREST
- Subdivision C - Offers that are eligible to be made under this Division
- SECTION 1100N OFFERS THAT ARE ELIGIBLE TO BE MADE UNDER THIS DIVISION
- SECTION 1100P OFFERS FOR NO MONETARY CONSIDERATION
- SECTION 1100Q OFFERS FOR MONETARY CONSIDERATION
- SECTION 1100R OFFERS THAT WOULD OTHERWISE NOT NEED DISCLOSURE
- SECTION 1100S REQUIREMENTS FOR TRUSTS
- SECTION 1100T MEANING OF ESS CONTRIBUTION PLAN
- SECTION 1100U REQUIREMENTS FOR CONNECTED LOANS
- SECTION 1100V ISSUE CAP FOR OFFERS INVOLVING CONSIDERATION
- SECTION 1100W DISCLOSURE REQUIREMENTS FOR OFFERS INVOLVING CONSIDERATION
- SECTION 1100X ADDITIONAL DISCLOSURE REQUIREMENTS FOR OFFERS BY UNLISTED BODIES CORPORATE
- SECTION 1100Y TERMS OF THE OFFER - DISCLOSURE ETC.
- SECTION 1100Z TERMS OF THE OFFER - MISLEADING STATEMENTS AND OMISSIONS
- SECTION 1100ZA MONETARY CAP FOR OFFERS BY UNLISTED BODIES CORPORATE
- SECTION 1100ZB AMOUNTS THAT ARE EXCLUDED FROM THE MONETARY CAP
- Subdivision D - Making offers under this Division
- SECTION 1100ZC MAKING OFFERS UNDER THIS DIVISION
- SECTION 1100ZD REGULATORY RELIEF FOR CERTAIN SUBSEQUENT SALE OFFERS OF ESS INTERESTS
- SECTION 1100ZE DEALING WITH MONEY RECEIVED BEFORE ESS INTEREST IS ISSUED
- SECTION 1100ZF DEALING WITH MONEY RECEIVED BEFORE LIQUIDITY PERIOD
- SECTION 1100ZG REVOCATION OF REGULATORY RELIEF IN CERTAIN CIRCUMSTANCES
- Subdivision E - Prohibitions and defences
- SECTION 1100ZH MISSTATEMENT IN, OR OMISSION FROM, DISCLOSURE INFORMATION
- SECTION 1100ZI MISSTATEMENT IN, OR OMISSION FROM, FINANCIAL INFORMATION FOR OPTIONS AND INCENTIVE RIGHTS
- SECTION 1100ZJ OBLIGATION TO INFORM PERSON ABOUT DEFICIENCIES IN DISCLOSURE DOCUMENTS
- Subdivision F - ASIC powers
- SECTION 1100ZK ASIC ' S POWER TO MAKE EXEMPTIONS AND DECLARE MODIFICATIONS ETC. IN RELATION TO THIS DIVISION
- SECTION 1100ZL ASIC STOP ORDERS
- SECTION 1100ZM ASIC ' S POWER TO REQUEST DOCUMENTS
- Division 2 - Codes of conduct
- Subdivision A - Approved codes of conduct
- SECTION 1101A APPROVED CODES OF CONDUCT
- SECTION 1101AA VARIATIONS TO APPROVED CODES OF CONDUCT
- SECTION 1101AB REVIEW OF APPROVED CODES OF CONDUCT
- SECTION 1101AC OBLIGATION TO COMPLY WITH ENFORCEABLE CODE PROVISIONS
- SECTION 1101AD REGULATIONS
- Subdivision B - Mandatory codes of conduct
- SECTION 1101AE MANDATORY CODES OF CONDUCT
- SECTION 1101AF OBLIGATION TO COMPLY WITH MANDATORY CODE OF CONDUCT
- Division 3 - Other matters
- SECTION 1101B POWER OF COURT TO MAKE CERTAIN ORDERS
- SECTION 1101C PRESERVATION AND DISPOSAL OF RECORDS ETC.
- SECTION 1101D DESTRUCTION OF RECORDS BY ASIC
- SECTION 1101E CONCEALING ETC. OF BOOKS
- SECTION 1101F FALSIFICATION OF RECORDS
- SECTION 1101G PRECAUTIONS AGAINST FALSIFICATION OF RECORDS
- SECTION 1101GA HOW PART 9.3 APPLIES TO BOOKS REQUIRED TO BE KEPT BY THIS CHAPTER ETC.
- SECTION 1101H CONTRAVENTION OF CHAPTER DOES NOT GENERALLY AFFECT VALIDITY OF TRANSACTIONS ETC.
- SECTION 1101I GAMING AND WAGERING LAWS DO NOT AFFECT VALIDITY OF CONTRACTS RELATING TO FINANCIAL PRODUCTS
- SECTION 1101J DELEGATION
- CHAPTER 8 - MUTUAL RECOGNITION OF SECURITIES OFFERS
- PART 8.1 - PRELIMINARY
- SECTION 1200A MEANING OF SOME TERMS RELATING TO MUTUAL RECOGNITION OF SECURITIES OFFERS
- PART 8.2 - FOREIGN OFFERS THAT ARE RECOGNISED IN THIS JURISDICTION
- Division 1 - Recognised offers
- SECTION 1200B MEANING OF RECOGNISED OFFER
- SECTION 1200C CONDITIONS THAT MUST BE MET TO BE A RECOGNISED OFFER
- SECTION 1200D REQUIRED DOCUMENTS AND INFORMATION
- SECTION 1200E WARNING STATEMENT
- Division 2 - Effect of a recognised offer
- SECTION 1200F EFFECT OF A RECOGNISED OFFER
- Division 3 - Ongoing conditions for recognised offers
- SECTION 1200G OFFERING CONDITIONS
- SECTION 1200H ADDRESS FOR SERVICE CONDITION
- SECTION 1200J DISPUTE RESOLUTION CONDITION
- Division 4 - Modification of provisions of this Act
- SECTION 1200K ADDITIONAL OPERATION OF SECTION 675 (CONTINUOUS DISCLOSURE)
- SECTION 1200L PRE-OFFER ADVERTISING
- SECTION 1200M MODIFICATION BY THE REGULATIONS
- Division 5 - ASIC ' s powers in relation to recognised offers
- SECTION 1200N STOP ORDERS
- SECTION 1200P BAN ON MAKING SUBSEQUENT RECOGNISED OFFERS
- SECTION 1200Q OFFENCE OF BREACHING AN ONGOING CONDITION
- Division 6 - Miscellaneous
- SECTION 1200R SERVICE OF DOCUMENTS
- PART 8.3 - OFFERS MADE UNDER FOREIGN RECOGNITION SCHEMES
- SECTION 1200S NOTICE TO ASIC
- SECTION 1200T EXTENSION OF THIS ACT TO RECOGNISED JURISDICTIONS
- SECTION 1200U ASIC STOP ORDER FOR ADVERTISING IN A RECOGNISED JURISDICTION
- CHAPTER 8A - ASIA REGION FUNDS PASSPORT
- PART 8A.1 - PRELIMINARY
- SECTION 1210 MEANING OF PARTICIPATING ECONOMY
- SECTION 1210A LIST OF PARTICIPATING ECONOMIES
- SECTION 1210B MINISTER MAY DETERMINE THAT FUNDS NOT TO OFFER INTERESTS IN THIS JURISDICTION
- PART 8A.2 - PASSPORT RULES
- SECTION 1211 MINISTER MAY MAKE PASSPORT RULES FOR THIS JURISDICTION
- SECTION 1211A MEANING OF PASSPORT RULES
- SECTION 1211B COMPLIANCE WITH THE PASSPORT RULES
- PART 8A.3 - AUSTRALIAN PASSPORT FUNDS
- SECTION 1212 APPLICATION FOR REGISTRATION
- SECTION 1212A REGISTRATION OF AUSTRALIAN PASSPORT FUNDS
- SECTION 1212B ALL DOCUMENTS ETC. LODGED WITH ASIC TO BEAR APFRN
- SECTION 1212C NOTIFYING ASIC IF OFFERING INTERESTS IN ANOTHER PARTICIPATING ECONOMY IN ANOTHER NAME
- PART 8A.4 - NOTIFIED FOREIGN PASSPORT FUNDS
- Division 1 - Becoming a notified foreign passport fund
- SECTION 1213 NOTICE OF INTENTION TO OFFER INTERESTS IN A FOREIGN PASSPORT FUND
- SECTION 1213A ASIC MAY NOTIFY OPERATOR THAT NOTICE OF INTENTION LACKS INFORMATION REQUIRED
- SECTION 1213B REJECTING A NOTICE OF INTENTION
- SECTION 1213C NOTIFIED FOREIGN PASSPORT FUNDS - AUTHORITY TO OFFER INTERESTS IN THIS JURISDICTION
- SECTION 1213D MEANING OF CONSIDERATION PERIOD
- Division 2 - Treatment of notified foreign passport funds
- SECTION 1213E NOTIFIED FOREIGN PASSPORT FUNDS TO BE TREATED AS MANAGED INVESTMENT SCHEMES
- SECTION 1213F OPERATORS AND NOTIFIED FOREIGN PASSPORT FUNDS NOT TO BE TREATED AS COMPANIES ETC.
- SECTION 1213G OFFENCES RELATING TO THE OPERATION OF NOTIFIED FOREIGN PASSPORT FUNDS
- Division 3 - Conduct of notified foreign passport funds in this jurisdiction
- SECTION 1213H NOTIFIED FOREIGN PASSPORT FUNDS MUST NOT ISSUE DEBENTURES IN THIS JURISDICTION
- Division 4 - Providing key information in relation to notified foreign passport funds
- Subdivision A - Obligations to provide information to members in this jurisdiction
- SECTION 1213J CONSTITUTION - RIGHT TO OBTAIN A COPY
- SECTION 1213K REGISTER OF MEMBERS - RIGHT TO OBTAIN A COPY
- SECTION 1213L USE OF INFORMATION ON REGISTER OF MEMBERS
- SECTION 1213M REPORTS REQUIRED UNDER THE LAW OF THE HOME ECONOMY
- SECTION 1213N ORDER FOR COPIES OF BOOKS OF A NOTIFIED FOREIGN PASSPORT FUND
- Subdivision B - Obligations to provide information to ASIC
- SECTION 1213P REGISTER OF MEMBERS - ASIC MAY REQUIRE LODGMENT
- SECTION 1213Q DESTRUCTION OF RECORDS BY ASIC
- PART 8A.5 - REGISTER OF PASSPORT FUNDS
- SECTION 1214 REGISTER OF PASSPORT FUNDS
- PART 8A.6 - STOP ORDERS
- SECTION 1215 STOP ORDER - AUSTRALIAN PASSPORT FUNDS
- SECTION 1215A STOP ORDER - NOTIFIED FOREIGN PASSPORT FUND
- SECTION 1215B INTERIM STOP ORDERS
- SECTION 1215C REVOCATION OF STOP ORDER MADE UNDER SECTION 1215 OR 1215A
- SECTION 1215D COMPLIANCE WITH STOP ORDERS
- PART 8A.7 - DEREGISTRATION AND DENOTIFICATION
- Division 1 - Deregistration of Australian passport funds
- Subdivision A - Voluntary deregistration
- SECTION 1216 APPLICATION TO DEREGISTER
- SECTION 1216A ASIC TO DEREGISTER
- SECTION 1216B WHEN IS THERE AN EXPECTATION THAT A FUND WOULD BECOME AN AUSTRALIAN PASSPORT FUND?
- Subdivision B - Deregistration initiated by ASIC
- SECTION 1216C DEREGISTRATION - INITIATED BY ASIC
- Subdivision C - Process for deregistration
- SECTION 1216D PROCESS FOR DEREGISTRATION
- Division 2 - Denotification of notified foreign passport funds
- Subdivision A - Voluntary denotification
- SECTION 1216E APPLICATION TO BE REMOVED AS A NOTIFIED FOREIGN PASSPORT FUND
- SECTION 1216F ASIC TO REMOVE FUND AS A NOTIFIED FOREIGN PASSPORT FUND
- SECTION 1216G WHEN IS THERE AN EXPECTATION THAT A FUND WOULD BECOME A NOTIFIED FOREIGN PASSPORT FUND?
- Subdivision B - Notified foreign passport fund deregistered in the fund ' s home economy
- SECTION 1216H ASIC TO REMOVE A FUND AS A NOTIFIED FOREIGN PASSPORT FUND
- Subdivision C - Process for removal as a notified foreign passport fund
- SECTION 1216J PROCESS FOR REMOVAL AS A NOTIFIED FOREIGN PASSPORT FUND
- Division 3 - Continued application of the Corporations legislation
- SECTION 1216K ASIC ' S POWER TO CONTINUE THE APPLICATION OF THE CORPORATIONS LEGISLATION
- SECTION 1216L REGULATIONS MAY CONTINUE THE APPLICATION OF THE CORPORATIONS LEGISLATION
- PART 8A.8 - EXEMPTIONS AND MODIFICATIONS
- SECTION 1217 ASIC ' S POWER TO MAKE EXEMPTIONS AND DECLARE MODIFICATIONS ETC. IN RELATION TO THIS CHAPTER
- SECTION 1217A ASIC ' S POWER TO MAKE EXEMPTIONS AND DECLARE MODIFICATIONS ETC. IN RELATION TO THE PASSPORT RULES
- SECTION 1217B EXEMPTIONS AND MODIFICATION BY REGULATIONS
- CHAPTER 8B - CORPORATE COLLECTIVE INVESTMENT VEHICLES
- PART 8B.1 - PRELIMINARY
- SECTION 1221 OBJECTS OF THIS CHAPTER
- PART 8B.2 - REGISTRATION OF CCIVs
- Division 1 - Registering a CCIV
- Subdivision A - Requirements for registration as a CCIV
- SECTION 1222 REQUIREMENTS FOR REGISTRATION AS A CCIV
- Subdivision B - How a CCIV is registered
- SECTION 1222A APPLYING FOR REGISTRATION
- SECTION 1222B NO OTHER WAY TO REGISTER A CCIV
- SECTION 1222C REGISTRATION OF A CCIV
- SECTION 1222D CORPORATE DIRECTOR AND MEMBERS OF A CCIV
- Subdivision C - Names of CCIVs
- SECTION 1222E SPECIAL REQUIREMENTS FOR NAMING OF CCIVs
- SECTION 1222F SPECIAL REQUIREMENTS FOR ACCEPTABLE ABBREVIATIONS OF CCIV NAMES
- SECTION 1222G CARRYING ON BUSINESS USING ' CCIV ' IN NAME
- SECTION 1222H CHANGE OF NAME NOT ALLOWED WHILE SUB-FUND IN LIQUIDATION
- Subdivision D - Retail CCIVs and wholesale CCIVs
- SECTION 1222J MEANING OF RETAIL CCIV AND WHOLESALE CCIV
- SECTION 1222K RETAIL CCIV TEST
- SECTION 1222L NOTIFYING ASIC OF STATUS AS A RETAIL CCIV OR WHOLESALE CCIV
- SECTION 1222M TABLE OF PROVISIONS THAT APPLY ONLY TO RETAIL CCIVs
- Subdivision E - Listing not permitted for certain CCIVs and sub-funds
- SECTION 1222N CERTAIN CCIVs AND SUB-FUNDS MUST NOT BE LISTED
- Subdivision F - Changing company type not permitted
- SECTION 1222P PART 2B.7 DOES NOT APPLY TO A CCIV
- Division 2 - Registering a sub-fund of a CCIV
- Subdivision A - What is a sub-fund of a CCIV
- SECTION 1222Q WHAT IS A SUB-FUND OF A CCIV
- Subdivision B - How a sub-fund of a CCIV is registered
- SECTION 1222R INITIAL SUB-FUNDS TO BE REGISTERED WHEN THE CCIV IS REGISTERED
- SECTION 1222S REGISTRATION OF A SUB-FUND
- SECTION 1222T SUB-FUND IS ESTABLISHED ON REGISTRATION
- SECTION 1222U APPLICATION TO REGISTER FURTHER SUB-FUNDS
- Subdivision C - Names of sub-funds
- SECTION 1222V A SUB-FUND ' S NAME
- SECTION 1222W USING SUB-FUND NAME AND ARFN ON DOCUMENTS
- SECTION 1222X ACCEPTABLE ABBREVIATIONS OF SUB-FUND NAMES
- SECTION 1222Y SUB-FUND CHANGING ITS NAME
- SECTION 1222Z ASIC ' S POWER TO DIRECT CCIV TO CHANGE A SUB-FUND ' S NAME
- SECTION 1222ZA EFFECT OF NAME CHANGE
- Division 3 - Registers
- SECTION 1222ZB REGISTERS RELATING TO CCIVs
- PART 8B.3 - CORPORATE GOVERNANCE OF CCIVs
- Division 1 - Governance rules
- Subdivision A - How a CCIV exercises company powers
- SECTION 1223 EXECUTION OF DOCUMENTS (INCLUDING DEEDS) BY THE CCIV ITSELF
- Subdivision B - Constitution
- SECTION 1223A REPLACEABLE RULES DO NOT APPLY TO A CCIV
- SECTION 1223B REQUIREMENT FOR A CCIV TO HAVE A CONSTITUTION
- SECTION 1223C RETAIL CCIV - ASIC MAY DIRECT CCIV TO MODIFY ITS CONSTITUTION
- SECTION 1223D ADOPTION, MODIFICATION AND REPEAL OF CONSTITUTION
- SECTION 1223E EFFECT OF CONSTITUTION
- Subdivision C - Minimum content requirements for the constitution of a CCIV
- SECTION 1223F WHOLESALE CCIV - BASIC CONTENT REQUIREMENT
- SECTION 1223G RETAIL CCIV - BASIC CONTENT REQUIREMENTS
- SECTION 1223H RETAIL CCIV - ADDITIONAL CONTENT REQUIREMENT FOR REDEMPTION OF SHARES
- Division 2 - Officers and employees of the CCIV
- Subdivision A - Officers and employees generally
- SECTION 1224 A CCIV HAS A SINGLE CORPORATE DIRECTOR
- SECTION 1224A A CCIV HAS NO SECRETARY AND NO EMPLOYEES
- SECTION 1224B MEANING OF OFFICER OF A CCIV
- SECTION 1224C GENERAL DUTIES OWED BY OFFICERS
- SECTION 1224D DUTIES OWED BY DIRECTOR
- SECTION 1224E CERTAIN PROVISIONS IN CHAPTER 2D DO NOT APPLY TO CCIVs
- Subdivision B - The corporate director of a CCIV
- SECTION 1224F WHO CAN BE THE DIRECTOR OF A CCIV
- SECTION 1224G RETAIL CCIV - ADDITIONAL RULES ABOUT WHO CAN BE THE DIRECTOR
- SECTION 1224H EFFECTIVENESS OF ACTS BY CORPORATE DIRECTOR
- SECTION 1224J CORPORATE DIRECTOR MUST OPERATE THE CCIV
- SECTION 1224K CORPORATE DIRECTOR NOT REQUIRED TO DISCLOSE MATERIAL PERSONAL INTEREST
- SECTION 1224L CORPORATE DIRECTOR MAY APPOINT AN AGENT OR ENGAGE A PERSON
- SECTION 1224M RETAIL CCIV - RESPONSIBILITY OF CORPORATE DIRECTOR FOR CERTAIN ACTS OF AGENTS
- SECTION 1224N RETAIL CCIV - LIMITATION ON RIGHT OF CORPORATE DIRECTOR TO FEES AND INDEMNITIES
- SECTION 1224P RETAIL CCIV - LIMITATION ON RIGHT OF CORPORATE DIRECTOR TO ACQUIRE SHARES IN CCIV
- SECTION 1224Q EXERCISE OF POWERS WHILE SUB-FUND IS IN LIQUIDATION
- Subdivision C - Replacing the corporate director
- SECTION 1224R CHANGES ONLY TAKE EFFECT WHEN ASIC ALTERS RECORD OF REGISTRATION
- SECTION 1224S CCIV DOES NOT HAVE AN ELIGIBLE CORPORATE DIRECTOR
- SECTION 1224T RETIREMENT OF CORPORATE DIRECTOR
- SECTION 1224U REPLACEMENT OF CORPORATE DIRECTOR BY MEMBERS
- SECTION 1224V APPOINTMENT OF TEMPORARY CORPORATE DIRECTOR BY COURT
- SECTION 1224W TEMPORARY CORPORATE DIRECTOR TO INITIATE APPOINTMENT OF PERMANENT CORPORATE DIRECTOR
- SECTION 1224X TEMPORARY CORPORATE DIRECTOR FAILS TO INITIATE APPOINTMENT OF PERMANENT CORPORATE DIRECTOR
- SECTION 1224Y MEMBERS FAIL TO APPOINT PERMANENT CORPORATE DIRECTOR
- SECTION 1224Z FORMER CORPORATE DIRECTOR TO HAND OVER BOOKS AND PROVIDE REASONABLE ASSISTANCE
- SECTION 1224ZA RIGHTS, OBLIGATIONS AND LIABILITIES OF FORMER CORPORATE DIRECTOR
- SECTION 1224ZB EFFECT OF CHANGE OF CORPORATE DIRECTOR ON DOCUMENTS ETC. TO WHICH FORMER CORPORATE DIRECTOR IS PARTY
- Subdivision D - Termination payments
- SECTION 1224ZC MEMBER APPROVAL NOT NEEDED FOR BENEFIT SPECIFIED IN CONSTITUTION
- SECTION 1224ZD MODIFIED MEMBER APPROVAL FOR CCIVs
- SECTION 1224ZE BENEFITS PAID TO CORPORATE DIRECTOR NOT COVERED BY EXEMPTIONS
- Division 3 - Officers, employees and auditors of the corporate director
- Subdivision A - Officers and auditors of the corporate director
- SECTION 1225 RETAIL CCIV - DUTIES OWED BY OFFICERS OF CORPORATE DIRECTOR
- SECTION 1225A RESPONSIBILITY OF SECRETARY OF CORPORATE DIRECTOR FOR CERTAIN CONTRAVENTIONS BY CCIV
- SECTION 1225B RESPONSIBILITY OF SECRETARY OF CORPORATE DIRECTOR FOR CERTAIN CONTRAVENTIONS BY CORPORATE DIRECTOR
- SECTION 1225C EXTENDED OBLIGATION OF DIRECTORS OF CORPORATE DIRECTOR
- SECTION 1225D RIGHT OF ACCESS TO CCIV BOOKS
- SECTION 1225E EXTENDED OPERATION OF SECTIONS 199A AND 199B (ABOUT INDEMNITIES AND INSURANCE)
- Subdivision B - Employees of the corporate director
- SECTION 1225F RETAIL CCIV - DUTIES OWED BY EMPLOYEES OF CORPORATE DIRECTOR
- Division 4 - Compliance plan for retail CCIVs
- Subdivision A - Documenting the compliance plan
- SECTION 1226 REQUIREMENT FOR COMPLIANCE PLAN
- SECTION 1226A CONTENTS OF THE COMPLIANCE PLAN
- SECTION 1226B COMPLIANCE PLAN MAY INCORPORATE PROVISIONS FROM ANOTHER CCIV ' s PLAN
- SECTION 1226C ASIC MAY REQUIRE FURTHER INFORMATION ABOUT COMPLIANCE PLAN
- SECTION 1226D CHANGING THE COMPLIANCE PLAN
- SECTION 1226E ASIC MAY REQUIRE CONSOLIDATION OF COMPLIANCE PLAN TO BE LODGED
- Subdivision B - Auditing the compliance plan
- SECTION 1226F ENGAGING AUDITOR
- SECTION 1226G AUDIT AND AUDIT REPORT
- SECTION 1226H CONTRAVENTIONS BY AUDITOR
- SECTION 1226J REMOVAL AND RESIGNATION OF AUDITORS
- SECTION 1226K ACTION ON CHANGE OF AUDITOR OF COMPLIANCE PLAN
- Division 5 - Member protection
- Subdivision A - Related party transactions by retail CCIVs to be approved at sub-fund level
- SECTION 1227 APPLICATION OF CHAPTER 2E TO RETAIL CCIVs
- SECTION 1227A NEED FOR MEMBER APPROVAL FOR FINANCIAL BENEFIT
- SECTION 1227B EXCEPTIONS NOT AVAILABLE FOR A RETAIL CCIV
- SECTION 1227C REQUIREMENTS FOR EXPLANATORY STATEMENT TO MEMBERS
- SECTION 1227D MODIFIED REFERENCES
- SECTION 1227E RELATED PARTIES OF A CCIV
- Subdivision B - Rights and remedies of members of a CCIV
- SECTION 1227F GROUNDS FOR COURT ORDER
- SECTION 1227G ORDERS THE COURT CAN MAKE
- SECTION 1227H APPLYING FOR AND GRANTING LEAVE
- SECTION 1227J VARYING AND CANCELLING CLASS RIGHTS
- SECTION 1227K CERTAIN ACTIONS TAKEN TO VARY RIGHTS ETC.
- SECTION 1227L COMPANY MUST LODGE DOCUMENTS AND RESOLUTIONS WITH ASIC
- Subdivision C - Civil liability of corporate director to members
- SECTION 1227M CIVIL LIABILITY OF CORPORATE DIRECTOR TO MEMBERS
- Division 6 - Meetings
- Subdivision A - Directors ' meetings
- SECTION 1228 RESOLUTIONS OF CCIVs
- Subdivision B - Meetings of members of CCIVs or sub-funds
- SECTION 1228A MEETINGS OF MEMBERS OF CCIVs
- SECTION 1228B MEETINGS OF MEMBERS OF SUB-FUNDS
- SECTION 1228C AUDITORS OF SCHEME COMPLIANCE PLANS
- SECTION 1228D COPY OF THE REGISTER OF MEMBERS - SUB-FUNDS
- SECTION 1228E MEMBERS ' RESOLUTIONS
- SECTION 1228F VOTING AT MEETINGS OF MEMBERS
- SECTION 1228G CORPORATE DIRECTOR AND ASSOCIATES CANNOT VOTE IF INTERESTED IN RESOLUTION
- SECTION 1228H HOW TO WORK OUT THE VALUE OF A SHARE
- Division 7 - Corporate contraventions
- Subdivision A - General provisions relating to establishing civil and criminal liability under Commonwealth laws
- SECTION 1229 APPLICATION OF THIS SUBDIVISION
- SECTION 1229A OTHER RULES FOR CORPORATE CONTRAVENTIONS DO NOT APPLY
- SECTION 1229B GENERAL RULE FOR ATTRIBUTING CONDUCT AND STATE OF MIND TO A CCIV
- SECTION 1229C EXCEPTIONS ETC. SPECIFIC TO THIS ACT
- Subdivision B - Consequences of contraventions of Commonwealth laws
- SECTION 1229D CORPORATE DIRECTOR GENERALLY TAKEN TO COMMIT OFFENCES COMMITTED BY CCIV
- SECTION 1229E CORPORATE DIRECTOR GENERALLY LIABLE FOR CIVIL PENALTIES FOR WHICH THE CCIV WOULD BE LIABLE
- Subdivision C - Consequences of contraventions of State and Territory laws
- SECTION 1229F COMPENSATION ORDERS - STATE AND TERRITORY LAWS
- SECTION 1229G TIME LIMIT FOR APPLICATION FOR COMPENSATION ORDER
- SECTION 1229H CIVIL EVIDENCE AND PROCEDURE RULES FOR COMPENSATION ORDERS
- PART 8B.4 - CORPORATE FINANCE, FINANCIAL REPORTING AND SUSTAINABILITY REPORTING FOR CCIVs
- Division 1 - Shares
- Subdivision A - Issuing and converting shares in a CCIV
- SECTION 1230 SHARES CAN ONLY BE ISSUED IN RESPECT OF SUB-FUNDS
- SECTION 1230A MINIMUM OF ONE CLASS OF SHARES PER SUB-FUND
- SECTION 1230B POWER TO ISSUE REDEEMABLE SHARES
- SECTION 1230C CONVERSION OF SHARES
- Subdivision B - Redemption of shares
- SECTION 1230D REDEMPTIONS TO WHICH THIS SUBDIVISION APPLIES
- SECTION 1230E REDEEMED SHARES TO BE CANCELLED
- SECTION 1230F REQUIREMENTS FOR REDEMPTIONS BY ALL CCIVs
- SECTION 1230G FURTHER REQUIREMENTS FOR REDEMPTIONS BY RETAIL CCIVs
- SECTION 1230H WHEN A SUB-FUND IS LIQUID
- SECTION 1230J REDEMPTION OFFERS FOR NON-LIQUID SUB-FUNDS OF RETAIL CCIVs
- SECTION 1230K SATISFYING REDEMPTION REQUESTS FOR NON-LIQUID SUB-FUNDS OF RETAIL CCIVs
- Subdivision C - Partly-paid shares
- SECTION 1230L SECTION 254N DOES NOT APPLY TO A CCIV
- Subdivision D - Dividends
- SECTION 1230M CIRCUMSTANCES IN WHICH A DIVIDEND MAY BE PAID
- SECTION 1230N DIVIDEND RIGHTS
- Subdivision E - Notice requirements
- SECTION 1230P PART 2H.6 DOES NOT APPLY TO A CCIV
- Subdivision F - Cross-investment between sub-funds of a CCIV
- SECTION 1230Q CROSS-INVESTMENT BETWEEN SUB-FUNDS IS PERMITTED
- SECTION 1230R REQUIREMENTS OR RESTRICTIONS FOR CROSS-INVESTMENT
- SECTION 1230S CONSEQUENCES FOR FAILING TO COMPLY WITH REQUIREMENTS OR RESTRICTIONS FOR CROSS-INVESTMENT
- SECTION 1230T REQUIREMENTS OR RESTRICTIONS ON MEMBERSHIP RIGHTS FOR SHARES ACQUIRED FROM CROSS-INVESTMENT
- SECTION 1230U CROSS-INVESTMENT BETWEEN SUB-FUNDS IS NOT A SHARE BUY-BACK
- SECTION 1230V GENERAL DUTIES STILL APPLY FOR CROSS-INVESTMENT BETWEEN SUB-FUNDS
- Division 2 - Transactions affecting share capital
- Subdivision A - Reductions in share capital and share buy-backs
- SECTION 1231 PURPOSE
- SECTION 1231A CCIV MAY MAKE REDUCTION NOT OTHERWISE AUTHORISED
- SECTION 1231B CONSEQUENCES OF MAKING AN UNAUTHORISED REDUCTION
- SECTION 1231C A CCIV ' s POWER TO BUY BACK ITS OWN SHARES
- SECTION 1231D AUTHORISED REDUCTIONS - SHARE REDEMPTIONS
- SECTION 1231E Authorised reductions - regulations
- SECTION 1231F Authorised reductions - Court orders
- SECTION 1231G AUTHORISED REDUCTIONS - RETURN OF FINANCIAL PRODUCT
- SECTION 1231H OTHER SHARE CAPITAL REDUCTIONS
- Subdivision B - Self-acquisition and control of shares
- SECTION 1231J DIRECTLY ACQUIRING OWN SHARES
- SECTION 1231K TAKING SECURITY OVER OWN SHARES
- Subdivision C - Financial assistance
- SECTION 1231L PART 2J.3 DOES NOT APPLY TO A CCIV
- Subdivision D - Interaction with other duties
- SECTION 1231M OTHER DUTIES STILL APPLY
- Division 3 - Debentures
- SECTION 1231N DEBENTURES CAN ONLY BE ISSUED IN RESPECT OF SUB-FUNDS
- SECTION 1231P MODIFIED OPERATION OF SECTION 283AA
- Division 4 - Financial reports, sustainability reports and audit of CCIVs
- Subdivision A - Application of Chapter 2M to CCIVs and their sub-funds
- SECTION 1232 APPLICATION OF CHAPTER 2M TO CCIVs
- Subdivision B - Financial records (all CCIVs)
- SECTION 1232A OBLIGATION TO KEEP FINANCIAL RECORDS FOR SUB-FUNDS
- SECTION 1232B ACCESS TO FINANCIAL RECORDS OF CCIVs AND SUB-FUNDS
- Subdivision C - Financial and sustainability reporting (retail CCIVs only)
- SECTION 1232C ANNUAL FINANCIAL REPORTS, SUSTAINABILITY REPORTS AND DIRECTORS ' REPORTS FOR SUB-FUNDS - GENERAL RULES
- SECTION 1232D ANNUAL FINANCIAL REPORTS, SUSTAINABILITY REPORTS AND DIRECTORS ' REPORTS FOR SUB-FUNDS - SPECIAL RULES FOR FINANCIAL REPORTS AND SUSTAINABILITY REPORTS
- SECTION 1232E ANNUAL FINANCIAL REPORTS AND DIRECTORS ' REPORTS FOR SUB-FUNDS - SPECIAL RULES FOR DIRECTORS ' REPORTS
- SECTION 1232F HALF-YEAR FINANCIAL REPORTS AND DIRECTORS ' REPORTS FOR SUB-FUNDS WITH ED SECURITIES ON ISSUE
- SECTION 1232G AUDIT AND AUDITOR ' S REPORT FOR SUB-FUNDS
- Subdivision D - Annual financial reporting to members (retail CCIVs only)
- SECTION 1232H ANNUAL FINANCIAL AND SUSTAINABILITY REPORTING TO MEMBERS OF SUB-FUNDS
- SECTION 1232J DEADLINE FOR REPORTING TO MEMBERS OF SUB-FUNDS
- SECTION 1232K CONSIDERATION OF REPORTS AT AGM
- SECTION 1232L ADDITIONAL REPORTING BY CCIVs THAT ARE DEBENTURE ISSUERS
- Subdivision E - Lodging reports with ASIC (retail CCIVs only)
- SECTION 1232M RELODGEMENT IF FINANCIAL REPORTS, SUSTAINABILITY REPORTS OR DIRECTORS ' REPORTS RELATING TO SUB-FUND AMENDED AFTER LODGEMENT
- Subdivision F - Appointment and removal of auditors (retail CCIVs only)
- SECTION 1232N CONFLICT OF INTEREST SITUATION
- SECTION 1232P AUDITOR INDEPENDENCE - SPECIFIC REQUIREMENTS
- SECTION 1232Q PEOPLE WHO ARE REGARDED AS OFFICERS OF A CCIV
- SECTION 1232R APPOINTMENT, REMOVAL AND FEES OF AUDITORS FOR CCIVs
- SECTION 1232S EFFECT OF WINDING UP OF SUB-FUND ON OFFICE OF AUDITOR
- Subdivision G - Sanctions for contravention of Chapter 2M
- SECTION 1232T EXTENDED LIABILITY OF DIRECTORS OF THE CORPORATE DIRECTOR FOR CONTRAVENTIONS OF CHAPTER 2M
- Division 5 - Updating ASIC information about CCIVs
- SECTION 1232U SOLVENCY RESOLUTIONS
- PART 8B.5 - OPERATING A CCIV
- Division 1 - Preliminary
- SECTION 1233 MEANING OF PROPERTY
- SECTION 1233A REFERENCES TO LIABILITIES OF A CCIV
- Division 2 - Requirement to operate sub-funds as separate businesses
- SECTION 1233B SUB-FUNDS TO BE OPERATED AS SEPARATE BUSINESSES
- Division 3 - Requirement for assets and liabilities to be allocated between sub-funds
- Subdivision A - The CCIV ' s allocation register
- SECTION 1233C CORPORATE DIRECTOR TO KEEP ALLOCATION REGISTER
- SECTION 1233D REQUIREMENT TO ENTER ASSETS ON THE ALLOCATION REGISTER
- SECTION 1233E REQUIREMENT TO ENTER LIABILITIES ON THE ALLOCATION REGISTER
- SECTION 1233F LIQUIDATOR MAY REQUIRE CORPORATE DIRECTOR TO RECORD DEBT, CLAIM OR PROPERTY IN ALLOCATION REGISTER
- SECTION 1233G REQUIREMENT TO RETAIN RECORDS OF ALLOCATIONS FOR 7 YEARS
- Subdivision B - What are the assets of a particular sub-fund
- SECTION 1233H MEANING OF ASSETS - SUB-FUND OF A CCIV
- SECTION 1233J WHEN AN ALLOCATION DETERMINATION IS REQUIRED
- SECTION 1233K WHEN PROPERTY MUST BE CONVERTED INTO MONEY ETC.
- Subdivision C - What are the liabilities of a particular sub-fund
- SECTION 1233L MEANING OF LIABILITIES - SUB-FUND OF A CCIV
- SECTION 1233M WHEN AN ALLOCATION DETERMINATION IS REQUIRED
- SECTION 1233N VARIATIONS OF PROPORTIONAL ALLOCATION OF LIABILITIES
- SECTION 1233P CREDITOR MAY REQUIRE CORPORATE DIRECTOR TO PROVIDE INFORMATION ABOUT ALLOCATION
- Subdivision D - Orders the Court can make
- SECTION 1233Q ORDERS THE COURT CAN MAKE IN RELATION TO ASSETS AND LIABILITIES OF SUB-FUNDS
- Division 4 - Purposes for which sub-fund assets may be applied
- SECTION 1234 UNALLOCATED MONEY AND PROPERTY MAY NOT BE APPLIED FOR ANY PURPOSE
- SECTION 1234A REQUIREMENT FOR SEGREGATED APPLICATION OF ASSETS OF SUB-FUNDS
- SECTION 1234B PURPOSES FOR WHICH SUB-FUND ASSETS MAY BE APPLIED
- SECTION 1234C PROPERTY THAT IS REQUIRED TO BE CONVERTED TO BE APPLIED ONLY FOR THAT PURPOSE
- SECTION 1234D REQUIREMENT FOR SECURITY INTERESTS TO BE SEGREGATED
- SECTION 1234E COURT ORDERS
- SECTION 1234F CONSEQUENCES OF NON-COMPLIANT APPLICATION OF ASSETS
- Division 5 - How CCIV assets must be held
- SECTION 1234G WHO MAY HOLD THE ASSETS OF A CCIV
- SECTION 1234H PERSON OTHER THAN CCIV HOLDS MONEY OR PROPERTY ON TRUST
- SECTION 1234J HOW CCIV MONEY AND PROPERTY MUST BE HELD
- SECTION 1234K REGULATIONS MAY CREATE EXCEPTIONS
- PART 8B.6 - EXTERNAL ADMINISTRATION AND DEREGISTRATION
- Division 1 - Preliminary
- SECTION 1235 CONSTRUING TERMS AND EXPRESSIONS AFFECTED BY SUBSTITUTED REFERENCES
- Division 2 - Arrangements and reconstructions of sub-funds
- SECTION 1235A OBJECT OF THIS DIVISION
- SECTION 1235B COMPROMISES ETC. NOT TO BE MADE BETWEEN 2 OR MORE SUB-FUNDS
- SECTION 1235C APPLYING ARRANGEMENTS AND RECONSTRUCTIONS PROVISIONS TO SUB-FUNDS
- SECTION 1235D PERSONS NOT TO BE APPOINTED TO ADMINISTER COMPROMISE OR ARRANGEMENT
- SECTION 1235E PROVISIONS FOR FACILITATING RECONSTRUCTION AND AMALGAMATION OF SUB-FUNDS WITHIN A CCIV
- SECTION 1235F COURT MAY MAKE ORDER IN RELATION TO ASSETS AND LIABILITIES OF SUB-FUNDS
- Division 3 - Receivers, and other controllers, of property of sub funds
- Subdivision A - Preliminary
- SECTION 1236 OBJECT OF THIS DIVISION
- SECTION 1236A MEANING OF PROPERTY AND RECEIVER - SUB-FUND OF A CCIV
- Subdivision B - Appointment of controllers
- SECTION 1236B APPOINTMENT OF A CONTROLLER OF PROPERTY OF A SUB-FUND OF A CCIV
- SECTION 1236C PERSONS NOT TO ACT AS RECEIVERS
- SECTION 1236D NOTIFYING OF APPOINTMENT OR CESSATION OF CONTROLLER
- Subdivision C - Application of Part 5.2 to control of property of sub-funds
- SECTION 1236E APPLYING PART 5.2 ETC. TO SUB-FUNDS
- Subdivision D - Modified duties and powers of receivers etc.
- SECTION 1236F LIABILITY OF CONTROLLER
- SECTION 1236G POWERS OF RECEIVER
- SECTION 1236H CONTROLLER MAY REQUIRE REPORTS RELATING TO OTHER SUB-FUNDS IF NECESSARY
- SECTION 1236J CONTROLLER MAY INSPECT BOOKS OF CCIV
- Subdivision E - Other modifications
- SECTION 1236K APPLICATION OF SUB-FUND PROPERTY TO MEET CERTAIN PRIORITY PAYMENTS
- SECTION 1236L TRANSFER OF BOOKS TO ASIC ETC.
- Division 4 - Administration and restructuring
- SECTION 1236M PART 5.3A DOES NOT APPLY TO A CCIV
- SECTION 1236N PART 5.3B DOES NOT APPLY TO A CCIV
- Division 5 - Winding up of sub funds
- Subdivision A - Preliminary
- SECTION 1237 OBJECT OF THIS DIVISION
- SECTION 1237A NO WINDING UP OF A CCIV
- Subdivision B - Application of winding up provisions to winding up of sub-funds
- SECTION 1237B APPLYING WINDING UP PROVISIONS TO SUB-FUNDS
- SECTION 1237C REFERENCES TO DEBTS ETC. OF A SUB-FUND
- Subdivision C - Winding up of a sub-fund in insolvency
- SECTION 1237D WHEN A SUB-FUND IS PRESUMED TO BE INSOLVENT
- SECTION 1237E STATUTORY DEMAND - CREDITOR MAY SERVE DEMAND ON CCIV
- SECTION 1237F STATUTORY DEMAND - CCIV MAY APPLY TO SET ASIDE DEMAND
- SECTION 1237G STATUTORY DEMAND - DETERMINING APPLICATION TO SET ASIDE WHERE THERE IS A DISPUTE OR OFFSETTING CLAIM
- SECTION 1237H STATUTORY DEMAND - DETERMINING APPLICATION TO SET ASIDE WHERE THERE IS A DISPUTE ABOUT THE SUB-FUND
- SECTION 1237J SUBSTITUTION OF SUB-FUND WHERE STATUTORY DEMAND NOT RELIED ON
- SECTION 1237K DECLARATION OF SOLVENCY
- Subdivision D - Modified duties and powers of liquidator of a sub-fund
- SECTION 1237L DISQUALIFICATION OF LIQUIDATOR
- SECTION 1237M NOTIFYING OF APPOINTMENT, RESIGNATION OR REMOVAL OF LIQUIDATOR
- SECTION 1237N DUTIES AND POWERS OF LIQUIDATOR
- SECTION 1237P RETENTION AND DESTRUCTION OF BOOKS
- Subdivision E - Modified duties and powers of officers of corporate director and CCIV
- SECTION 1237Q OFFICERS OF CORPORATE DIRECTOR TO HELP LIQUIDATOR
- SECTION 1237R CORPORATE DIRECTOR MAY RETAIN CERTAIN BOOKS
- SECTION 1237S CORPORATE DIRECTOR MAY ACCESS CERTAIN BOOKS
- SECTION 1237T CORPORATE DIRECTOR MAY DIRECT ASIC NOT TO DESTROY BOOKS
- SECTION 1237U MANDATORY EXAMINATION
- SECTION 1237V COURT MAY MAKE ORDER IMPOSING LIABILITY ON UNLICENSED PERSON OPERATING CCIV
- Subdivision F - Proof and ranking of claims
- SECTION 1237W LIQUIDATOR MUST BE SATISFIED DEBT OR CLAIM IS A LIABILITY OF THE SUB-FUND
- SECTION 1237X DETERMINATION OF DEBTS AND CLAIMS THAT RELATE TO THE BUSINESS OF 2 OR MORE SUB-FUNDS AND ARE OF UNCERTAIN VALUE
- SECTION 1237Y APPLICATION OF SUB-FUND PROPERTY
- Subdivision G - Powers of Courts
- SECTION 1237Z WARRANT IN RELATION TO BOOKS
- Subdivision H - Recovering property
- SECTION 1237ZA PRESUMPTIONS TO BE MADE IN RECOVERY PROCEEDINGS
- SECTION 1237ZB DIRECTORS OF THE CORPORATE DIRECTOR
- SECTION 1237ZC VESTING OF PPSA SECURITY INTERESTS IF COLLATERAL NOT REGISTERED WITHIN TIME
- Division 6 - Recovering property of sub funds
- SECTION 1238 DUTIES OWED BY DIRECTORS OF CORPORATE DIRECTOR OF A CCIV
- SECTION 1238A APPLYING PROPERTY RECOVERY PROVISIONS TO CCIVs
- SECTION 1238B REFERENCES TO INCURRING DEBTS
- SECTION 1238C WHEN DEBTS ARISE IN RELATION TO REDEEMABLE SHARES
- Division 7 - External administration offences
- SECTION 1238D APPLYING EXTERNAL ADMINISTRATION OFFENCES TO CCIVs
- SECTION 1238E INTERPRETATION OF CEASED TO CARRY ON BUSINESS
- SECTION 1238F FRAUDS BY OFFICERS
- Division 8 - Miscellaneous
- SECTION 1238G APPLYING EXTERNAL ADMINISTRATION MISCELLANEOUS PROVISIONS TO SUB-FUNDS
- Division 9 - Deregistration and transfer of registration
- Subdivision A - Deregistration
- SECTION 1239 DEREGISTRATION OF A SUB-FUND - VOLUNTARY
- SECTION 1239A DEREGISTRATION OF A SUB-FUND - ASIC INITIATED
- SECTION 1239B PROCESS FOR ASIC INITIATED DEREGISTRATION OF A SUB-FUND
- SECTION 1239C DEREGISTRATION OF A SUB-FUND - FOLLOWING AMALGAMATION OR WINDING UP
- SECTION 1239D EFFECT OF DEREGISTRATION OF A SUB-FUND
- SECTION 1239E THE COMMONWEALTH ' S AND ASIC ' S POWER TO FULFIL OUTSTANDING OBLIGATIONS IN RELATION TO DEREGISTERED SUB-FUND
- SECTION 1239F CLAIMS AGAINST INSURERS IN RELATION TO DEREGISTERED SUB-FUND
- SECTION 1239G REINSTATEMENT OF A SUB-FUND
- SECTION 1239H CCIV REINSTATED FOLLOWING REINSTATEMENT OF A SUB-FUND
- SECTION 1239J NOTICES RELATING TO REINSTATEMENT OF A SUB-FUND
- SECTION 1239K DEREGISTRATION OF A CCIV
- SECTION 1239L BOOKS OF THE CCIV TO BE KEPT BY FORMER CORPORATE DIRECTOR
- SECTION 1239M A CCIV MAY NOT BE REINSTATED UNDER SECTION 601AH
- Subdivision B - Transfer of registration
- SECTION 1239N REGISTRATION OF CCIV CANNOT BE TRANSFERRED
- PART 8B.7 - CONTROL, FINANCIAL SERVICES AND DISCLOSURE
- Division 1 - Takeovers, compulsory acquisitions and buy-outs
- SECTION 1240 MEANING OF SECURITIES
- SECTION 1240A TAKEOVERS - PROHIBITION ON ACQUISITIONS OF SHARES IN A LISTED CCIV
- SECTION 1240B TAKEOVERS - DIRECTORS OF THE CORPORATE DIRECTOR OF A LISTED CCIV
- SECTION 1240C TAKEOVERS - BIDDER ' S STATEMENT CONTENT
- SECTION 1240D TAKEOVERS PANEL - DECLARATION OF UNACCEPTABLE CIRCUMSTANCES MAY ONLY BE MADE IN RELATION TO A LISTED CCIV
- SECTION 1240E COMPULSORY ACQUISITION - ONLY AVAILABLE FOR SECURITIES IN A LISTED CCIV
- Division 2 - Continuous disclosure
- SECTION 1240F CONTINUOUS DISCLOSURE - CCIVs
- Division 3 - Fundraising
- SECTION 1240G FUNDRAISING RULES DO NOT APPLY TO CCIVs
- SECTION 1240H OFFERING SECURITIES OF A CCIV OR SUB-FUND THAT DOES NOT EXIST
- Division 4 - Financial services and markets
- SECTION 1241 APPLICATION OF CHAPTER 7 TO CCIVs
- SECTION 1241A FOR CHAPTER 7, TREAT THE CORPORATE DIRECTOR AS PROVIDING FINANCIAL SERVICES ETC. BEING PROVIDED BY THE CCIV
- SECTION 1241B CERTAIN LICENSING CONCEPTS DO NOT APPLY TO CCIVs
- SECTION 1241C EXTRA KINDS OF FINANCIAL SERVICES RELATING TO CCIVs
- SECTION 1241D CCIV BUY-BACK OR REDEMPTION FACILITY DOES NOT MAKE A MARKET
- SECTION 1241E CERTAIN CONDUCT RELATING TO CCIVs IS NOT PROVIDING A CUSTODIAL OR DEPOSITORY SERVICE
- SECTION 1241F AUSTRALIAN FINANCIAL SERVICES LICENCES
- SECTION 1241G IMMEDIATE SUSPENSIONS OR CANCELLATIONS OF LICENCES
- SECTION 1241H RESTRICTION ON USE OF CERTAIN WORDS OR EXPRESSIONS
- SECTION 1241J AGREEMENTS WITH CERTAIN UNLICENSED PERSONS
- SECTION 1241K TREAT THE CCIV AS A PROFESSIONAL INVESTOR
- SECTION 1241L FINANCIAL SERVICES DISCLOSURE DOES NOT APPLY TO OPERATING THE BUSINESS AND CONDUCTING THE AFFAIRS OF CCIVs
- SECTION 1241M FINANCIAL RECORDS OF THE CORPORATE DIRECTOR OF A CCIV
- SECTION 1241N PROHIBITION ON HAWKING OF SECURITIES IN A CCIV
- SECTION 1241P MODIFICATIONS OF PART 7.8A
- SECTION 1241Q PART 7.9 APPLIES TO THE ISSUE OR SALE OF SECURITIES IN A CCIV
- SECTION 1241R PRODUCT DISCLOSURE STATEMENTS - WHEN A SECURITY IN A CCIV IS OF THE SAME KIND AS ANOTHER PRODUCT
- SECTION 1241S PRODUCT DISCLOSURE STATEMENTS - SITUATIONS WHEN NOT REQUIRED FOR CCIVs
- SECTION 1241T PRODUCT DISCLOSURE STATEMENTS - CONTENT REQUIREMENTS
- SECTION 1241U PRODUCT DISCLOSURE STATEMENTS - REPLACEMENT STATEMENTS
- SECTION 1241V PRODUCT DISCLOSURE STATEMENTS - LODGING WITH ASIC
- SECTION 1241W PRODUCT DISCLOSURE STATEMENTS - USE OF APPLICATION FORMS
- SECTION 1241X PRODUCT DISCLOSURE STATEMENTS - IF LODGED, THEN SECURITY NOT TO BE ISSUED OR SOLD BEFORE SPECIFIED PERIOD
- SECTION 1241Y REMEDIES FOR PERSON ACQUIRING FINANCIAL PRODUCT UNDER DEFECTIVE PRODUCT DISCLOSURE DOCUMENT
- SECTION 1241Z DISCLOSURE OBLIGATIONS OF ISSUERS OF SECURITIES IN CCIVs
- SECTION 1241ZA COOLING-OFF PERIODS
- SECTION 1241ZB UNSOLICITED OFFERS TO PURCHASE SECURITIES IN CCIVs OFF-MARKET
- SECTION 1241ZC PRODUCT INTERVENTION ORDERS
- SECTION 1241ZD INSIDER TRADING - EXCEPTIONS
- PART 8B.8 - MISCELLANEOUS
- SECTION 1242 DIRECTOR IDENTIFICATION NUMBERS
- SECTION 1242A REGISTERS
- SECTION 1242B INSPECTION OF BOOKS
- SECTION 1242C FALSIFICATION OF BOOKS
- SECTION 1242D APPLICATION OF PART 9.4
- SECTION 1242E DISCLOSURES QUALIFYING FOR PROTECTION UNDER PART 9.4AAA
- SECTION 1242F POWERS OF COURTS - IRREGULARITIES
- SECTION 1242G FEES PAYABLE TO THE COMMONWEALTH
- PART 8B.9 - SUBORDINATE LEGISLATION RELATING TO CCIVs
- SECTION 1243 ASIC ' S POWER TO MAKE EXEMPTION AND MODIFICATION ORDERS
- SECTION 1243A MODIFICATION BY REGULATIONS
- CHAPTER 9 - MISCELLANEOUS
- PART 9.1A - DIRECTOR IDENTIFICATION NUMBERS
- SECTION 1272 GIVING AND CANCELLING DIRECTOR IDENTIFICATION NUMBERS
- SECTION 1272A APPLYING FOR A DIRECTOR IDENTIFICATION NUMBER
- SECTION 1272B MEANING OF ELIGIBLE OFFICER
- SECTION 1272C REQUIREMENT TO HAVE A DIRECTOR IDENTIFICATION NUMBER
- SECTION 1272D REQUIREMENT TO APPLY FOR A DIRECTOR IDENTIFICATION NUMBER
- SECTION 1272E REGISTRAR MAY EXTEND APPLICATION PERIODS
- SECTION 1272F INFRINGEMENT NOTICES
- SECTION 1272G APPLYING FOR ADDITIONAL DIRECTOR IDENTIFICATION NUMBERS
- SECTION 1272H MISREPRESENTING DIRECTOR IDENTIFICATION NUMBERS
- PART 9.1 - MATTERS RELATING TO HANDLING RECORDS AND INFORMATION
- Division 1 - The Registrar
- Subdivision A - Appointment etc. of the Registrar
- SECTION 1270 APPOINTMENT OF THE REGISTRAR
- SECTION 1270A FUNCTIONS
- SECTION 1270B POWERS
- SECTION 1270C DIRECTIONS BY MINISTER
- SECTION 1270D DELEGATION
- SECTION 1270E ASSISTED DECISION MAKING
- SECTION 1270F LIABILITY FOR DAMAGES
- Subdivision B - How the Registrar is to perform and exercise functions and powers
- SECTION 1270G DATA STANDARDS
- SECTION 1270H GIVING INFORMATION TO THE REGISTRAR
- SECTION 1270J HOW THE REGISTRAR IS TO PERFORM AND EXERCISE FUNCTIONS AND POWERS
- Subdivision C - Disclosure of information
- SECTION 1270K DISCLOSURE FRAMEWORK
- SECTION 1270L PROTECTION OF CONFIDENTIALITY OF PROTECTED INFORMATION
- SECTION 1270M AUTHORISATION OF RECORDING OR DISCLOSURE
- SECTION 1270N PREVENTING DISCLOSURE OF PARTICULAR PROTECTED INFORMATION
- SECTION 1270P AUTHORISATION FOR PURPOSES OF PRIVACY ACT
- SECTION 1270Q DISCLOSURE TO A COURT
- Subdivision D - Miscellaneous
- SECTION 1270R EXTRACTS OF INFORMATION TO BE ADMISSIBLE IN EVIDENCE
- SECTION 1270S ANNUAL REPORT
- SECTION 1270T RULES
- Division 2 - Registers kept by ASIC
- SECTION 1274 REGISTERS
- Division 3 - Miscellaneous
- SECTION 1274AA REGISTER OF DISQUALIFIED COMPANY DIRECTORS AND OTHER OFFICERS
- SECTION 1274A OBTAINING INFORMATION FROM CERTAIN REGISTERS
- SECTION 1274B USE, IN COURT PROCEEDINGS, OF INFORMATION FROM ASIC ' S NATIONAL DATABASE
- SECTION 1274C ASIC CERTIFICATE
- SECTION 1275 RELODGING OF LOST REGISTERED DOCUMENTS
- PART 9.2 - REGISTRATION OF AUDITORS
- Division 1 - Interpretation
- SECTION 1276 DEFINITIONS
- Division 2 - Registration
- SECTION 1279 APPLICATION FOR REGISTRATION AS AUDITOR
- SECTION 1280 REGISTRATION OF AUDITORS
- SECTION 1280A APPROVAL OF AUDITING COMPETENCY STANDARD
- SECTION 1281 AUDITOR-GENERAL TAKEN TO BE REGISTERED AS AUDITOR
- SECTION 1282 REGISTRATION OF LIQUIDATORS
- SECTION 1283 REGISTRATION OF OFFICIAL LIQUIDATORS
- SECTION 1284 INSURANCE TO BE MAINTAINED BY LIQUIDATORS
- SECTION 1285 REGISTER OF AUDITORS
- SECTION 1286 REGISTERS OF LIQUIDATORS AND OFFICIAL LIQUIDATORS
- SECTION 1287 NOTIFICATION OF CERTAIN MATTERS
- SECTION 1287A ANNUAL STATEMENTS BY REGISTERED COMPANY AUDITORS
- SECTION 1288 ANNUAL STATEMENTS BY REGISTERED LIQUIDATORS
- SECTION 1289 AUDITORS AND OTHER PERSONS TO ENJOY QUALIFIED PRIVILEGE IN CERTAIN CIRCUMSTANCES
- Division 2A - Conditions on registration of auditors
- SECTION 1289A ASIC MAY IMPOSE CONDITIONS ON REGISTRATION
- Division 3 - Cancellation or suspension of registration
- SECTION 1290 CANCELLATION AT REQUEST OF REGISTERED PERSON
- SECTION 1291 IMMEDIATE SUSPENSION OR CANCELLATION
- SECTION 1291A NOTICE OF SUSPENSION OR CANCELLATION
- SECTION 1291B ASIC MAY VARY OR REVOKE SUSPENSION
- SECTION 1292 POWERS OF BOARD IN RELATION TO AUDITORS
- SECTION 1294 BOARD TO GIVE OPPORTUNITY FOR HEARING ETC.
- SECTION 1294A PRE-HEARING CONFERENCE
- SECTION 1295 BOARD MAY REMOVE SUSPENSION
- SECTION 1296 NOTICE OF BOARD ' S DECISION
- SECTION 1297 TIME WHEN BOARD'S DECISION COMES INTO EFFECT
- SECTION 1298 EFFECT OF SUSPENSION
- SECTION 1298A TRANSFER OF BOOKS
- Division 4 - Validation of approval of auditing competency standard
- SECTION 1298P VALIDATION OF APPROVAL OF AUDITING COMPETENCY STANDARD
- SECTION 1298Q COMPENSATION FOR ACQUISITION OF PROPERTY
- PART 9.2A - AUTHORISED AUDIT COMPANIES
- Division 1 - Registration
- SECTION 1299A APPLICATION FOR REGISTRATION AS AUTHORISED AUDIT COMPANY
- SECTION 1299B ELIGIBILITY FOR REGISTRATION AS AN AUTHORISED AUDIT COMPANY
- SECTION 1299C REGISTRATION AS AUTHORISED AUDIT COMPANY
- SECTION 1299D REGISTRATION MAY BE SUBJECT TO CONDITIONS
- SECTION 1299E REGISTER OF AUTHORISED AUDIT COMPANIES
- SECTION 1299F NOTIFICATION OF CERTAIN MATTERS
- SECTION 1299G ANNUAL STATEMENTS BY AUTHORISED AUDIT COMPANY
- Division 2 - Cancellation or suspension of registration
- SECTION 1299H CANCELLATION AT REQUEST OF REGISTERED PERSON
- SECTION 1299I CANCELLATION OR SUSPENSION IN OTHER CASES
- SECTION 1299J NOTICE OF CANCELLATION OR SUSPENSION
- SECTION 1299K TIME WHEN ASIC ' S DECISION COMES INTO EFFECT
- SECTION 1299L EFFECT OF SUSPENSION
- SECTION 1299M EFFECT OF CANCELLATION
- PART 9.3 - BOOKS
- SECTION 1300 INSPECTION OF BOOKS
- SECTION 1301 LOCATION OF BOOKS ON COMPUTERS
- SECTION 1302 LOCATION OF REGISTERS
- SECTION 1303 COURT MAY COMPEL COMPLIANCE
- SECTION 1304 TRANSLATIONS OF INSTRUMENTS
- SECTION 1305 ADMISSIBILITY OF BOOKS IN EVIDENCE
- SECTION 1306 FORM AND EVIDENTIARY VALUE OF BOOKS
- SECTION 1307 FALSIFICATION OF BOOKS
- PART 9.4 - OFFENCES
- Division 1A - Application of the Criminal Code
- SECTION 1308A APPLICATION OF CRIMINAL CODE
- Division 1 - Specific offences
- SECTION 1308B FALSE OR MISLEADING STATEMENTS ABOUT SHARE CAPITAL
- SECTION 1308 FALSE OR MISLEADING DOCUMENTS
- SECTION 1309 FALSE INFORMATION ETC.
- SECTION 1310 OBSTRUCTING OR HINDERING ASIC ETC.
- Division 2 - Offences generally
- SECTION 1311 GENERAL PENALTY PROVISIONS
- SECTION 1311A PENALTY FOR COMMITTING AN OFFENCE
- SECTION 1311B PENALTY APPLICABLE TO AN OFFENCE COMMITTED BY AN INDIVIDUAL
- SECTION 1311C PENALTY APPLICABLE TO AN OFFENCE COMMITTED BY A BODY CORPORATE
- SECTION 1311D MEANING OF BENEFIT DERIVED AND DETRIMENT AVOIDED - OFFENCE
- SECTION 1311E WHERE IS THE PENALTY FOR AN OFFENCE SPECIFIED?
- SECTION 1311F IF NO PENALTY IS SPECIFIED
- SECTION 1312 PENALTIES FOR BODIES CORPORATE
- SECTION 1313 PENALTY NOTICES
- SECTION 1313A OFFENCES COMMITTED PARTLY IN AND PARTLY OUT OF THE JURISDICTION
- SECTION 1314 CONTINUING OFFENCES
- SECTION 1315 PROCEEDINGS: HOW TAKEN
- SECTION 1316 TIME FOR INSTITUTING CRIMINAL PROCEEDINGS
- SECTION 1316A PRIVILEGE AGAINST SELF-INCRIMINATION NOT AVAILABLE TO BODIES CORPORATE IN CORPORATIONS ACT CRIMINAL PROCEEDINGS
- SECTION 1317 CERTAIN PERSONS TO ASSIST IN PROSECUTIONS
- PART 9.4AAA - PROTECTION FOR WHISTLEBLOWERS
- SECTION 1317AA DISCLOSURES QUALIFYING FOR PROTECTION UNDER THIS PART
- SECTION 1317AAA MEANING OF ELIGIBLE WHISTLEBLOWER
- SECTION 1317AAB MEANING OF REGULATED ENTITY
- SECTION 1317AAC MEANING OF ELIGIBLE RECIPIENT
- SECTION 1317AAD PUBLIC INTEREST DISCLOSURE AND EMERGENCY DISCLOSURE
- SECTION 1317AADA PERSONAL WORK-RELATED GRIEVANCES
- SECTION 1317AAE CONFIDENTIALITY OF WHISTLEBLOWER ' S IDENTITY
- SECTION 1317AB DISCLOSURE THAT QUALIFIES FOR PROTECTION NOT ACTIONABLE ETC.
- SECTION 1317AC VICTIMISATION PROHIBITED
- SECTION 1317AD COMPENSATION AND OTHER REMEDIES - CIRCUMSTANCES IN WHICH AN ORDER MAY BE MADE
- SECTION 1317ADA MEANING OF DETRIMENT
- SECTION 1317AE COMPENSATION AND OTHER REMEDIES - ORDERS THAT MAY BE MADE
- SECTION 1317AF INTERACTION BETWEEN CIVIL PROCEEDINGS, CIVIL PENALTIES AND CRIMINAL OFFENCES
- SECTION 1317AG IDENTIFYING INFORMATION NOT TO BE DISCLOSED ETC. TO COURTS OR TRIBUNALS
- SECTION 1317AH COSTS ONLY IF PROCEEDINGS INSTITUTED VEXATIOUSLY ETC.
- SECTION 1317AI WHISTLEBLOWER POLICIES
- SECTION 1317AJ EXEMPTION ORDERS - CLASS ORDERS FOR COMPANIES
- SECTION 1317AK REVIEW OF OPERATION OF WHISTLEBLOWER PROTECTIONS
- PART 9.4A - REVIEW BY ADMINISTRATIVE REVIEW TRIBUNAL OF CERTAIN DECISIONS
- SECTION 1317A DEFINITIONS
- SECTION 1317B APPLICATIONS FOR REVIEW
- SECTION 1317C EXCLUDED DECISIONS
- SECTION 1317D NOTICE OF REVIEWABLE DECISION AND REVIEW RIGHTS
- PART 9.4AA - INFRINGEMENT NOTICES FOR ALLEGED CONTRAVENTIONS OF CONTINUOUS DISCLOSURE PROVISIONS
- SECTION 1317DAAA MEANING OF COMPENSATION PROCEEDINGS
- SECTION 1317DAA APPLICATION OF THIS PART TO DISCLOSING ENTITIES
- SECTION 1317DAB PURPOSE AND EFFECT OF THIS PART
- SECTION 1317DAC ISSUE OF INFRINGEMENT NOTICE
- SECTION 1317DAD STATEMENT OF REASONS MUST BE GIVEN
- SECTION 1317DAE MATTERS TO BE INCLUDED IN INFRINGEMENT NOTICE
- SECTION 1317DAF EFFECT OF ISSUE AND COMPLIANCE WITH INFRINGEMENT NOTICE
- SECTION 1317DAG EFFECT OF FAILURE TO COMPLY WITH INFRINGEMENT NOTICE
- SECTION 1317DAH MEANING OF COMPLIANCE PERIOD
- SECTION 1317DAI WITHDRAWAL OF INFRINGEMENT NOTICE
- SECTION 1317DAJ PUBLICATION IN RELATION TO INFRINGEMENT NOTICES
- PART 9.4AB - INFRINGEMENT NOTICES FOR OTHER ALLEGED CONTRAVENTIONS
- Division 1 - General
- SECTION 1317DAM WHEN AN INFRINGEMENT NOTICE MAY BE GIVEN
- SECTION 1317DAN PROVISIONS SUBJECT TO AN INFRINGEMENT NOTICE
- SECTION 1317DAP MATTERS TO BE INCLUDED IN AN INFRINGEMENT NOTICE
- SECTION 1317DAPA GIVING INFRINGEMENT NOTICES IN RELATION TO RESTRICTED CIVIL PENALTY PROVISIONS
- Division 2 - Infringement notices given by ASIC
- SECTION 1317DAPB APPLICATION OF DIVISION
- SECTION 1317DAQ PAYMENT PERIOD
- SECTION 1317DAR EXTENSION OF TIME TO PAY AMOUNT
- SECTION 1317DAS PAYMENT BY INSTALMENTS
- SECTION 1317DAT WITHDRAWAL OF AN INFRINGEMENT NOTICE
- Division 3 - Infringement notices given by Financial Services and Credit Panels
- SECTION 1317DATA APPLICATION OF DIVISION
- SECTION 1317DATB PAYMENT PERIOD, EXTENSION OF TIME AND PAYMENT BY INSTALMENTS
- SECTION 1317DATC WITHDRAWAL OF AN INFRINGEMENT NOTICE GIVEN BY A FINANCIAL SERVICES AND CREDIT PANEL
- Division 4 - Other matters
- SECTION 1317DAU EFFECT OF PAYMENT OF AMOUNT
- SECTION 1317DAV EFFECT OF THIS PART
- PART 9.4B - CIVIL CONSEQUENCES OF CONTRAVENING CIVIL PENALTY PROVISIONS
- Division 1 - The Court may make declarations of contravention, pecuniary penalty orders, relinquishment orders, refund orders and compensation orders
- SECTION 1317DA DEFINITIONS
- SECTION 1317E DECLARATION OF CONTRAVENTION OF A CIVIL PENALTY PROVISION
- SECTION 1317F DECLARATION OF CONTRAVENTION IS CONCLUSIVE EVIDENCE
- SECTION 1317G PECUNIARY PENALTY ORDERS
- SECTION 1317GAA CIVIL ENFORCEMENT OF PECUNIARY PENALTY ORDER
- SECTION 1317GAB RELINQUISHING THE BENEFIT DERIVED AND DETRIMENT AVOIDED FROM CONTRAVENING A CIVIL PENALTY PROVISION
- SECTION 1317GAC CIVIL ENFORCEMENT OF RELINQUISHMENT ORDER
- SECTION 1317GAD MEANING OF BENEFIT DERIVED AND DETRIMENT AVOIDED - CIVIL PENALTY PROVISION
- SECTION 1317GA REFUND ORDERS - CHARGING ONGOING FEE AFTER TERMINATION OF ARRANGEMENT
- SECTION 1317GB REFUND ORDERS - CONTRAVENTIONS OF SECTION 962R OR 962S
- SECTION 1317H COMPENSATION ORDERS - CORPORATION/SCHEME CIVIL PENALTY PROVISIONS
- SECTION 1317HA COMPENSATION ORDERS - FINANCIAL SERVICES CIVIL PENALTY PROVISIONS
- SECTION 1317HB COMPENSATION ORDERS - MARKET INTEGRITY RULES AND CLIENT MONEY REPORTING RULES
- SECTION 1317HC COMPENSATION ORDERS - FINANCIAL BENCHMARK RULES OR COMPELLED FINANCIAL BENCHMARK RULES
- SECTION 1317HE COMPENSATION ORDERS - PASSPORT RULES
- Division 2 - Procedural and other matters relating to orders by the Court
- SECTION 1317J WHO MAY APPLY FOR A DECLARATION OR ORDER
- SECTION 1317K TIME LIMIT FOR APPLICATION FOR A DECLARATION OR ORDER
- SECTION 1317L CIVIL EVIDENCE AND PROCEDURE RULES FOR DECLARATIONS OF CONTRAVENTION AND CIVIL PENALTY ORDERS
- SECTION 1317M CIVIL PROCEEDINGS AFTER CRIMINAL PROCEEDINGS
- SECTION 1317N CRIMINAL PROCEEDINGS DURING CIVIL PROCEEDINGS
- SECTION 1317P CRIMINAL PROCEEDINGS AFTER CIVIL PROCEEDINGS
- SECTION 1317Q EVIDENCE GIVEN IN PROCEEDINGS FOR PENALTY NOT ADMISSIBLE IN CRIMINAL PROCEEDINGS
- SECTION 1317QA CONTINUING CONTRAVENTIONS OF CIVIL PENALTY PROVISIONS
- SECTION 1317QB STATE OF MIND
- SECTION 1317QC MISTAKE OF FACT
- SECTION 1317QD EXCEPTIONS ETC. TO CIVIL PENALTY PROVISIONS - BURDEN OF PROOF
- SECTION 1317QE CIVIL PENALTY PROVISIONS CONTRAVENED BY EMPLOYEES, AGENTS OR OFFICERS
- SECTION 1317QF PREFERENCE MUST BE GIVEN TO COMPENSATE PERSONS WHO SUFFER DAMAGE AS A RESULT OF CONTRAVENTION
- SECTION 1317R ASIC REQUIRING PERSON TO ASSIST
- SECTION 1317S RELIEF FROM LIABILITY FOR CONTRAVENTION OF CIVIL PENALTY PROVISION
- PART 9.5 - POWERS OF COURTS
- SECTION 1318 POWER TO GRANT RELIEF
- SECTION 1319 POWER OF COURT TO GIVE DIRECTIONS WITH RESPECT TO MEETINGS ORDERED BY THE COURT
- SECTION 1321 APPEALS FROM DECISIONS OF RECEIVERS, LIQUIDATORS ETC.
- SECTION 1322 IRREGULARITIES
- SECTION 1323 POWER OF COURT TO PROHIBIT PAYMENT OR TRANSFER OF MONEY, FINANCIAL PRODUCTS OR OTHER PROPERTY
- SECTION 1324 INJUNCTIONS
- SECTION 1324A PROVISIONS RELATING TO PROSECUTIONS
- SECTION 1324B ORDER TO DISCLOSE INFORMATION OR PUBLISH ADVERTISEMENTS
- SECTION 1325 OTHER ORDERS
- SECTION 1325A ORDERS IF CONTRAVENTION OF CHAPTER 6, 6A, 6B OR 6C
- SECTION 1325B COURT MAY ORDER BIDDER TO MAKE OFFERS
- SECTION 1325C UNFAIR OR UNCONSCIONABLE AGREEMENTS, PAYMENTS OR BENEFITS
- SECTION 1325D CONTRAVENTION DUE TO INADVERTENCE ETC.
- SECTION 1325E ORDERS TO SECURE COMPLIANCE
- SECTION 1326 EFFECT OF SECTIONS 1323, 1324 AND 1325
- SECTION 1327 POWER OF COURT TO PUNISH FOR CONTEMPT OF COURT
- PART 9.6 - PROCEEDINGS
- SECTION 1330 ASIC'S POWER TO INTERVENE IN PROCEEDINGS
- SECTION 1331 CIVIL PROCEEDINGS NOT TO BE STAYED
- SECTION 1332 STANDARD OF PROOF
- SECTION 1333 EVIDENCE OF CONTRAVENTION
- SECTION 1335 COSTS
- SECTION 1336 VESTING OF PROPERTY
- PART 9.6A - JURISDICTION AND PROCEDURE OF COURTS
- Division 1 - Civil jurisdiction
- Subdivision A - Preliminary
- SECTION 1337A OPERATION OF DIVISION
- Subdivision B - Conferral of jurisdiction
- SECTION 1337B JURISDICTION OF FEDERAL COURT AND STATE AND TERRITORY SUPREME COURTS
- SECTION 1337C JURISDICTION OF FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1) AND STATE FAMILY COURTS
- SECTION 1337D JURISDICTION OF COURTS (DECISIONS TO PROSECUTE AND RELATED CRIMINAL JUSTICE PROCESS DECISIONS MADE BY COMMONWEALTH OFFICERS)
- SECTION 1337E JURISDICTION OF LOWER COURTS
- SECTION 1337F APPEALS
- SECTION 1337G COURTS TO ACT IN AID OF EACH OTHER
- Subdivision C - Transfer of proceedings
- SECTION 1337H TRANSFER OF PROCEEDINGS BY THE FEDERAL COURT AND STATE AND TERRITORY SUPREME COURTS
- SECTION 1337J TRANSFER OF PROCEEDINGS BY FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1) AND STATE FAMILY COURTS
- SECTION 1337K TRANSFER OF PROCEEDINGS IN LOWER COURTS
- SECTION 1337L FURTHER MATTERS FOR A COURT TO CONSIDER WHEN DECIDING WHETHER TO TRANSFER A PROCEEDING
- SECTION 1337M TRANSFER MAY BE MADE AT ANY STAGE
- SECTION 1337N TRANSFER OF DOCUMENTS
- SECTION 1337P CONDUCT OF PROCEEDINGS
- SECTION 1337Q RIGHTS OF APPEARANCE
- SECTION 1337R LIMITATION ON APPEALS
- Subdivision D - Rules of court
- SECTION 1337S RULES OF THE FEDERAL COURT
- SECTION 1337T RULES OF THE SUPREME COURT
- SECTION 1337U RULES OF THE FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
- Division 2 - Criminal jurisdiction
- SECTION 1338A OPERATION OF DIVISION
- SECTION 1338AA CRIMINAL JURISDICTION OF THE FEDERAL COURT
- SECTION 1338B CRIMINAL JURISDICTION OF STATE AND TERRITORY COURTS
- SECTION 1338C LAWS TO BE APPLIED
- PART 9.7 - UNCLAIMED PROPERTY
- SECTION 1339 ASIC TO DEAL WITH UNCLAIMED PROPERTY
- SECTION 1340 NO LIABILITY TO PAY CALLS ON SHARES ETC.
- SECTION 1341 ENTITLEMENT TO UNCLAIMED PROPERTY
- SECTION 1342 COMMONWEALTH OR ASIC NOT LIABLE FOR LOSS OR DAMAGE
- SECTION 1343 DISPOSAL OF SECURITIES IF WHEREABOUTS OF HOLDER UNKNOWN
- SECTION 1343A DISPOSAL OF INTERESTS IN REGISTERED SCHEME IF WHEREABOUTS OF MEMBER UNKNOWN
- PART 9.9 - MISCELLANEOUS
- SECTION 1344 USE OF ABN
- SECTION 1345 EXCEPTIONAL CIRCUMSTANCES - GIVING DOCUMENTS
- SECTION 1345A MINISTER MAY DELEGATE PRESCRIBED FUNCTIONS AND POWERS UNDER THIS ACT
- SECTION 1346 NON-APPLICATION OF RULE AGAINST PERPETUITIES TO CERTAIN SCHEMES
- SECTION 1348 OPERATION OF LIFE INSURANCE ACT
- SECTION 1349 PRIVILEGE AGAINST EXPOSURE TO PENALTY - DISQUALIFICATION ETC.
- SECTION 1350 COMPENSATION FOR COMPULSORY ACQUISITION
- PART 9.10 - FEES IMPOSED BY THE CORPORATIONS (FEES) ACT 2001 AND THE CORPORATIONS (REVIEW FEES) ACT 2003
- SECTION 1351 FEES ARE PAYABLE TO THE COMMONWEALTH
- SECTION 1354 LODGMENT OF DOCUMENT WITHOUT PAYMENT OF FEE
- SECTION 1355 DOING ACT WITHOUT PAYMENT OF FEE
- SECTION 1356 EFFECT OF SECTIONS 1354 AND 1355
- SECTION 1359 WAIVER AND REFUND OF FEES
- SECTION 1360 DEBTS DUE TO THE COMMONWEALTH
- SECTION 1362 PAYMENT OF FEE DOES NOT GIVE RIGHT TO INSPECT OR SEARCH
- PART 9.11 - CORONAVIRUS KNOWN AS COVID-19
- SECTION 1362A CORONAVIRUS KNOWN AS COVID-19
- PART 9.12 - REGULATIONS
- SECTION 1363 DEFINITIONS
- SECTION 1364 POWER TO MAKE REGULATIONS
- SECTION 1365 SCOPE OF PARTICULAR REGULATIONS
- SECTION 1366 VERIFYING OR CERTIFYING DOCUMENTS
- SECTION 1367 DOCUMENTS LODGED BY AN AGENT
- SECTION 1367A PUBLICATION IN THE PRESCRIBED MANNER
- SECTION 1368 EXEMPTIONS FROM CHAPTER 6D OR 7
- SECTION 1369 PENALTY NOTICES
- SECTION 1369A STATE TERMINATION OF REFERENCE
- CHAPTER 10 - TRANSITIONAL PROVISIONS
- PART 10.1 - TRANSITION FROM THE OLD CORPORATIONS LEGISLATION
- Division 1 - Preliminary
- SECTION 1370 OBJECT OF PART
- SECTION 1371 DEFINITIONS
- SECTION 1372 RELATIONSHIP OF PART WITH STATE VALIDATION ACTS
- SECTION 1373 REFERENCES TO THINGS TAKEN OR DEEMED TO BE THE CASE ETC.
- SECTION 1374 EXISTENCE OF SEVERAL VERSIONS OF OLD CORPORATIONS LEGISLATION DOES NOT RESULT IN THIS PART OPERATING TO TAKE SAME THING TO BE DONE SEVERAL TIMES UNDER NEW CORPORATIONS LEGISLATION ETC.
- SECTION 1375 PENALTY UNITS IN RESPECT OF PRE-COMMENCEMENT CONDUCT REMAIN AT $100
- SECTION 1376 CEASING TO BE A REFERRING STATE DOES NOT AFFECT PREVIOUS OPERATION OF THIS PART
- Division 2 - Carrying over registration of companies
- SECTION 1377 DIVISION HAS EFFECT SUBJECT TO DIVISION 7 REGULATIONS
- SECTION 1378 EXISTING REGISTERED COMPANIES CONTINUE TO BE REGISTERED
- Division 3 - Carrying over the old Corporations Regulations
- SECTION 1379 DIVISION HAS EFFECT SUBJECT TO DIVISION 7 REGULATIONS
- SECTION 1380 OLD CORPORATIONS REGULATIONS CONTINUE TO HAVE EFFECT
- Division 4 - Court proceedings and orders
- SECTION 1381 DIVISION HAS EFFECT SUBJECT TO DIVISION 7 REGULATIONS
- SECTION 1382 DEFINITIONS
- SECTION 1383 TREATMENT OF COURT PROCEEDINGS UNDER OR RELATED TO THE OLD CORPORATIONS LEGISLATION - PROCEEDINGS OTHER THAN FEDERAL CORPORATIONS PROCEEDINGS
- SECTION 1384 TREATMENT OF COURT PROCEEDINGS UNDER OR RELATED TO THE OLD CORPORATIONS LEGISLATION - FEDERAL CORPORATIONS PROCEEDINGS
- SECTION 1384A APPEALS ETC. IN RELATION TO SOME FORMER FEDERAL CORPORATIONS PROCEEDINGS
- SECTION 1384B EFFECT OF DECISIONS AND ORDERS MADE IN FEDERAL CORPORATIONS PROCEEDINGS BEFORE COMMENCEMENT
- SECTION 1385 REFERENCES TO PROCEEDINGS AND ORDERS IN THE NEW CORPORATIONS LEGISLATION
- Division 5 - Other specific transitional provisions
- SECTION 1386 DIVISION HAS EFFECT SUBJECT TO DIVISION 7 REGULATIONS
- SECTION 1387 CERTAIN APPLICATIONS LAPSE ON THE COMMENCEMENT
- SECTION 1388 CARRYING OVER THE PARTNERSHIPS AND ASSOCIATIONS APPLICATION ORDER
- SECTION 1389 EVIDENTIARY CERTIFICATES
- SECTION 1390 PRESERVATION OF NOMINATION OF BODY CORPORATE AS SEGC
- SECTION 1391 PRESERVATION OF IDENTIFICATION OF SATISFACTORY RECORDS
- SECTION 1392 RETENTION OF INFORMATION OBTAINED UNDER OLD CORPORATIONS LEGISLATION OF NON-REFERRING STATE
- SECTION 1393 TRANSITIONAL PROVISIONS RELATING TO SECTION 1351 FEES
- SECTION 1394 TRANSITIONAL PROVISIONS RELATING TO SECURITIES EXCHANGE FIDELITY FUND LEVIES
- SECTION 1395 TRANSITIONAL PROVISIONS RELATING TO NATIONAL GUARANTEE FUND LEVIES
- SECTION 1396 TRANSITIONAL PROVISIONS RELATING TO FUTURES ORGANISATION FIDELITY FUND LEVIES
- Division 6 - General transitional provisions relating to other things done etc. under the old corporations legislation
- SECTION 1397 LIMITATIONS ON SCOPE OF THIS DIVISION
- SECTION 1398 PROVISIONS OF THIS DIVISION MAY HAVE AN OVERLAPPING EFFECT
- SECTION 1399 THINGS DONE BY ETC. CARRIED OVER PROVISIONS CONTINUE TO HAVE EFFECT
- SECTION 1400 CREATION OF EQUIVALENT RIGHTS AND LIABILITIES TO THOSE THAT EXISTED BEFORE THE COMMENCEMENT UNDER CARRIED OVER PROVISIONS OF THE OLD CORPORATIONS LEGISLATION
- SECTION 1401 CREATION OF EQUIVALENT RIGHTS AND LIABILITIES TO THOSE THAT EXISTED BEFORE THE COMMENCEMENT UNDER REPEALED PROVISIONS OF THE OLD CORPORATIONS LEGISLATION
- SECTION 1402 OLD CORPORATIONS LEGISLATION TIME LIMITS ETC.
- SECTION 1403 PRESERVATION OF SIGNIFICANCE ETC. OF EVENTS OR CIRCUMSTANCES
- SECTION 1404 REFERENCES IN THE NEW CORPORATIONS LEGISLATION GENERALLY INCLUDE REFERENCES TO EVENTS, CIRCUMSTANCES OR THINGS THAT HAPPENED OR AROSE BEFORE THE COMMENCEMENT
- SECTION 1405 REFERENCES IN THE NEW CORPORATIONS LEGISLATION TO THAT LEGISLATION OR THE NEW ASIC LEGISLATION GENERALLY INCLUDE REFERENCES TO CORRESPONDING PROVISIONS OF THE OLD CORPORATIONS LEGISLATION OR OLD ASIC LEGISLATION
- SECTION 1406 CARRYING OVER REFERENCES TO CORRESPONDING PREVIOUS LAWS
- SECTION 1407 REFERENCES TO OLD CORPORATIONS LEGISLATION IN INSTRUMENTS
- SECTION 1408 OLD TRANSITIONAL PROVISIONS CONTINUE TO HAVE THEIR EFFECT
- Division 7 - Regulations dealing with transitional matters
- SECTION 1409 REGULATIONS MAY DEAL WITH TRANSITIONAL MATTERS
- PART 10.2 - TRANSITIONAL PROVISIONS RELATING TO THE FINANCIAL SERVICES REFORM ACT 2001
- Division 1 - Transitional provisions relating to the phasing-in of the new financial services regime
- Subdivision A - Preliminary
- SECTION 1410 DEFINITIONS
- Subdivision B - Treatment of existing markets
- SECTION 1411 WHEN IS A MARKET BEING OPERATED IMMEDIATELY BEFORE THE FSR COMMENCEMENT?
- SECTION 1412 TREATMENT OF PROPOSED MARKETS THAT HAVE NOT STARTED TO OPERATE BY THE FSR COMMENCEMENT
- SECTION 1413 OBLIGATION OF MINISTER TO GRANT LICENCES COVERING MAIN EXISTING MARKETS
- SECTION 1414 SECTION 1413 MARKETS - EFFECT OF LICENCES AND CONDITIONS
- SECTION 1415 SECTION 1413 MARKETS - PRESERVATION OF OLD CORPORATIONS ACT PROVISIONS DURING TRANSITION PERIOD
- SECTION 1416 SECTION 1413 MARKETS - POWERS FOR REGULATIONS TO CHANGE HOW THE OLD AND NEW CORPORATIONS ACT APPLY DURING THE TRANSITION PERIOD
- SECTION 1417 SECTION 1413 MARKETS - ADDITIONAL PROVISIONS RELATING TO PREVIOUSLY UNREGULATED SERVICES
- SECTION 1418 TREATMENT OF EXEMPT STOCK MARKETS AND EXEMPT FUTURES MARKETS (OTHER THAN MARKETS WITH NO IDENTIFIABLE SINGLE OPERATOR)
- SECTION 1419 TREATMENT OF EXEMPT STOCK MARKETS AND EXEMPT FUTURES MARKETS THAT DO NOT HAVE A SINGLE IDENTIFIABLE OPERATOR
- SECTION 1420 TREATMENT OF STOCK MARKETS OF APPROVED SECURITIES ORGANISATIONS
- SECTION 1421 TREATMENT OF SPECIAL STOCK MARKETS FOR UNQUOTED INTERESTS IN A REGISTERED SCHEME
- SECTION 1422 TREATMENT OF OTHER MARKETS THAT WERE NOT UNAUTHORISED
- Subdivision C - Treatment of existing clearing and settlement facilities
- SECTION 1423 WHEN IS A CLEARING AND SETTLEMENT FACILITY BEING OPERATED IMMEDIATELY BEFORE THE FSR COMMENCEMENT?
- SECTION 1424 TREATMENT OF PROPOSED CLEARING AND SETTLEMENT FACILITIES THAT HAVE NOT STARTED TO OPERATE BY THE FSR COMMENCEMENT
- SECTION 1424A TREATMENT OF UNREGULATED CLEARING AND SETTLEMENT FACILITIES OPERATED BY HOLDERS OF OLD CORPORATIONS ACT APPROVALS
- SECTION 1425 OBLIGATION OF MINISTER TO GRANT LICENCES COVERING MAIN EXISTING FACILITIES
- SECTION 1426 SECTION 1425 FACILITIES - EFFECT OF LICENCES AND CONDITIONS
- SECTION 1427 SECTION 1425 FACILITIES - POWERS FOR REGULATIONS TO CHANGE HOW THE OLD AND NEW CORPORATIONS ACT APPLY DURING THE TRANSITION PERIOD
- SECTION 1428 SECTION 1425 FACILITIES - ADDITIONAL PROVISIONS RELATING TO PREVIOUSLY UNREGULATED SERVICES
- SECTION 1429 TREATMENT OF OTHER CLEARING AND SETTLEMENT FACILITIES
- Subdivision D - Treatment of people who carry on financial services businesses and their representatives
- SECTION 1430 MEANING OF REGULATED PRINCIPAL , REGULATED ACTIVITIES AND RELEVANT OLD LEGISLATION
- SECTION 1431 PARTS 7.6, 7.7 AND 7.8 OF THE AMENDED CORPORATIONS ACT GENERALLY DO NOT APPLY TO A REGULATED PRINCIPAL DURING THE TRANSITION PERIOD
- SECTION 1432 CONTINUED APPLICATION OF RELEVANT OLD LEGISLATION
- SECTION 1433 STREAMLINED LICENSING PROCEDURE FOR CERTAIN REGULATED PRINCIPALS
- SECTION 1434 SPECIAL LICENCES FOR INSURANCE MULTI-AGENTS DURING FIRST 2 YEARS AFTER FSR COMMENCEMENT
- SECTION 1435 LICENSING DECISIONS MADE WITHIN THE FIRST 2 YEARS OF THE FSR COMMENCEMENT - REGARD MAY BE HAD TO CONDUCT AND EXPERIENCE OF APPLICANT OR RELATED BODY CORPORATE THAT CURRENTLY PROVIDES SAME OR SIMILAR SERVICES
- SECTION 1436 TREATMENT OF REPRESENTATIVES - GENERAL
- SECTION 1436A TREATMENT OF REPRESENTATIVES - INSURANCE AGENTS
- SECTION 1437 EXEMPTIONS AND MODIFICATIONS BY ASIC
- Subdivision E - Product disclosure requirements
- SECTION 1438 NEW PRODUCT DISCLOSURE PROVISIONS DO NOT APPLY TO EXISTING PRODUCTS DURING TRANSITION PERIOD
- SECTION 1439 OFFENCES AGAINST NEW PRODUCT DISCLOSURE PROVISIONS - ADDITIONAL ELEMENT FOR PROSECUTION TO PROVE IF CONDUCT OCCURS AFTER OPTING-IN AND BEFORE THE END OF THE FIRST 2 YEARS
- SECTION 1440 CONTINUED APPLICATION OF CERTAIN PROVISIONS OF OLD DISCLOSURE REGIMES DURING TRANSITION PERIOD
- SECTION 1441 CERTAIN PERSONS WHO ARE NOT YET COVERED BY PARTS 7.6, 7.7 AND 7.8 OF THE AMENDED CORPORATIONS ACT ARE REQUIRED TO COMPLY WITH PART 7.9 OBLIGATIONS AS IF THEY WERE REGULATED PERSONS
- SECTION 1442 EXEMPTIONS AND MODIFICATIONS BY ASIC
- Subdivision F - Certain other product-related requirements
- SECTION 1442A DEFERRED APPLICATION OF HAWKING PROHIBITION
- SECTION 1442B DEFERRED APPLICATION OF CONFIRMATION OF TRANSACTION AND COOLING-OFF PROVISIONS ETC.
- Division 2 - Other transitional provisions
- SECTION 1443 DEFINITIONS
- SECTION 1444 REGULATIONS MAY DEAL WITH TRANSITIONAL, SAVING OR APPLICATION MATTERS
- SECTION 1445 ASIC DETERMINATIONS MAY DEAL WITH TRANSITIONAL, SAVING OR APPLICATION MATTERS
- PART 10.3 - TRANSITIONAL PROVISIONS RELATING TO THE CORPORATIONS LEGISLATION AMENDMENT ACT 2003
- SECTION 1446 APPLICATION OF SUBPARAGRAPH 262(1)(g)(iii)
- SECTION 1447 APPLICATION OF SECTIONS 601AB AND 601PB
- SECTION 1448 APPLICATION OF AMENDMENTS MADE BY SCHEDULE 4 TO THE CORPORATIONS LEGISLATION AMENDMENT ACT 2003
- PART 10.4 - TRANSITIONAL PROVISIONS RELATING TO THE FINANCIAL SERVICES REFORM AMENDMENT ACT 2003
- SECTION 1449 DEFINITION
- SECTION 1450 APPLICATION OF PART 10.2 TO CHAPTER 7 AS AMENDED BY SCHEDULE 2 TO THE AMENDING ACT
- SECTION 1451 PROVISIONS RELATING TO THE SCOPE OF THE AMENDMENTS OF CHAPTER 7 MADE BY SCHEDULE 2
- SECTION 1452 AMENDMENTS OF SECTION 1274
- PART 10.5 - TRANSITIONAL PROVISIONS RELATING TO THE CORPORATE LAW ECONOMIC REFORM PROGRAM (AUDIT REFORM AND CORPORATE DISCLOSURE) ACT 2004
- SECTION 1453 DEFINITIONS
- SECTION 1454 AUDIT REFORMS IN SCHEDULE 1 TO THE AMENDING ACT (AUDITING STANDARDS AND AUDIT WORKING PAPERS RETENTION RULES)
- SECTION 1455 AUDIT REFORMS IN SCHEDULE 1 TO THE AMENDING ACT (ADOPTION OF AUDITING STANDARDS MADE BY ACCOUNTING PROFESSION BEFORE COMMENCEMENT)
- SECTION 1456 AUDIT REFORMS IN SCHEDULE 1 TO THE AMENDING ACT (NEW COMPETENCY STANDARD PROVISIONS)
- SECTION 1457 AUDIT REFORMS IN SCHEDULE 1 TO THE AMENDING ACT (NEW ANNUAL STATEMENT REQUIREMENTS FOR AUDITORS)
- SECTION 1458 AUDIT REFORMS IN SCHEDULE 1 TO THE AMENDING ACT (IMPOSITION OF CONDITIONS ON EXISTING REGISTRATION AS COMPANY AUDITOR)
- SECTION 1459 AUDIT REFORMS IN SCHEDULE 1 TO THE AMENDING ACT (APPLICATION OF ITEMS 62 AND 63)
- SECTION 1460 AUDIT REFORMS IN SCHEDULE 1 TO THE AMENDING ACT (NON-AUDIT SERVICES DISCLOSURE)
- SECTION 1461 AUDIT REFORMS IN SCHEDULE 1 TO THE AMENDING ACT (AUDITOR APPOINTMENT)
- SECTION 1462 AUDIT REFORMS IN SCHEDULE 1 TO THE AMENDING ACT (AUDITOR INDEPENDENCE)
- SECTION 1463 AUDIT REFORMS IN SCHEDULE 1 TO THE AMENDING ACT (AUDITOR ROTATION)
- SECTION 1464 AUDIT REFORMS IN SCHEDULE 1 TO THE AMENDING ACT (LISTED COMPANY AGMs)
- SECTION 1465 SCHEDULE 2 TO THE AMENDING ACT (FINANCIAL REPORTING)
- SECTION 1466A SCHEDULE 2A TO THE AMENDING ACT (TRUE AND FAIR VIEW)
- SECTION 1466 SCHEDULE 3 TO THE AMENDING ACT (PROPORTIONATE LIABILITY)
- SECTION 1467 SCHEDULE 4 TO THE AMENDING ACT (ENFORCEMENT)
- SECTION 1468 SCHEDULE 5 TO THE AMENDING ACT (REMUNERATION OF DIRECTORS AND EXECUTIVES)
- SECTION 1469 SCHEDULE 6 TO THE AMENDING ACT (CONTINUOUS DISCLOSURE)
- SECTION 1470 SCHEDULE 7 TO THE AMENDING ACT (DISCLOSURE RULES)
- SECTION 1471 SCHEDULE 8 TO THE AMENDING ACT (SHAREHOLDER PARTICIPATION AND INFORMATION)
- PART 10.8 - TRANSITIONAL PROVISIONS RELATING TO THE CORPORATIONS AMENDMENT (TAKEOVERS) ACT 2007
- SECTION 1478 APPLICATION OF AMENDMENTS OF THE TAKEOVERS PROVISIONS
- PART 10.9 - TRANSITIONAL PROVISIONS RELATING TO THE CORPORATIONS AMENDMENT (INSOLVENCY) ACT 2007
- SECTION 1479 DEFINITION
- SECTION 1480 SCHEDULE 1 TO THE AMENDING ACT (IMPROVING OUTCOMES FOR CREDITORS)
- SECTION 1481 SCHEDULE 2 TO THE AMENDING ACT (DETERRING CORPORATE MISCONDUCT)
- SECTION 1482 SCHEDULE 3 TO THE AMENDING ACT (IMPROVING REGULATION OF INSOLVENCY PRACTITIONERS)
- SECTION 1483 SCHEDULE 4 TO THE AMENDING ACT (FINE-TUNING VOLUNTARY ADMINISTRATION)
- PART 10.10 - TRANSITIONAL PROVISIONS RELATING TO THE CORPORATIONS AMENDMENT (SHORT SELLING) ACT 2008
- SECTION 1484 DECLARATIONS UNDER PARAGRAPH 1020F(1)(c) RELATING TO SHORT SELLING
- PART 10.11 - TRANSITIONAL PROVISIONS RELATING TO THE CORPORATIONS AMENDMENT (NO. 1) ACT 2009
- SECTION 1485 APPLICATION OF NEW SUBSECTION 206B(6)
- SECTION 1486 APPLICATION OF NEW SECTION 206EAA
- PART 10.12 - TRANSITIONAL PROVISIONS RELATING TO THE CORPORATIONS LEGISLATION AMENDMENT (FINANCIAL SERVICES MODERNISATION) ACT 2009
- Division 1 - Transitional provisions relating to Schedule 1 to the Corporations Legislation Amendment (Financial Services Modernisation) Act 2009
- SECTION 1487 DEFINITIONS
- SECTION 1488 APPLICATION OF AMENDMENTS - GENERAL
- SECTION 1489 APPLICATIONS OF AMENDMENTS - APPLICATION FOR AND GRANT OF LICENCES ETC. AUTHORISING MARGIN LENDING FINANCIAL SERVICES
- SECTION 1490 APPLICATION OF AMENDMENTS - BETWEEN 6 AND 12 MONTHS AFTER COMMENCEMENT
- SECTION 1491 ACQUISITION OF PROPERTY
- SECTION 1492 REGULATIONS
- Division 2 - Transitional provisions relating to Schedule 2 to the Corporations Legislation Amendment (Financial Services Modernisation) Act 2009
- SECTION 1493 DEFINITIONS
- SECTION 1494 TRANSITIONAL PROVISIONS RELATING TO LIMIT ON CONTROL OF TRUSTEE COMPANIES
- SECTION 1495 TRANSITIONAL PROVISIONS RELATING TO THE AMENDMENTS OF CHAPTER 7
- SECTION 1496 GENERAL POWER FOR REGULATIONS TO DEAL WITH TRANSITIONAL MATTERS
- Division 3 - Transitional provisions relating to Schedule 3 to the Corporations Legislation Amendment (Financial Services Modernisation) Act 2009
- SECTION 1497 DEFINITIONS
- SECTION 1498 APPLICATION OF AMENDMENTS
- PART 10.13 - TRANSITIONAL PROVISIONS RELATING TO THE PERSONAL PROPERTY SECURITIES (CORPORATIONS AND OTHER AMENDMENTS) ACT 2010
- SECTION 1498A COMMENCEMENT OF PROVISIONS IN PART 10.13
- SECTION 1499 DEFINITIONS
- SECTION 1500 CHARGES, LIENS AND PLEDGES - CONTINUATION OF RESTRICTION OF REFERENCES
- SECTION 1501 CHARGES, LIENS, PLEDGES AND THIRD PARTY PROPERTY - APPLICATION
- SECTION 1501A REFERENCES TO THE WHOLE OR SUBSTANTIALLY THE WHOLE OF A COMPANY ' S PROPERTY
- SECTION 1501B CONSTRUCTIVE NOTICE OF REGISTRABLE CHARGES
- SECTION 1502 REPEAL OF CHAPTER 2K (CHARGES) - GENERAL
- SECTION 1503 REPEAL OF CHAPTER 2K (CHARGES) - CESSATION OF REQUIREMENTS IN RELATION TO DOCUMENTS OR NOTICES
- SECTION 1504 REPEAL OF CHAPTER 2K (CHARGES) - APPLICATION OF SECTION 266
- SECTION 1505 REPEAL OF CHAPTER 2K (CHARGES) - CESSATION OF COMPANY REGISTRATION REQUIREMENTS
- SECTION 1506 REPEAL OF CHAPTER 2K (CHARGES) - PRIORITY BETWEEN REGISTRABLE CHARGES
- SECTION 1507 NEW SECTION 440B (RESTRICTIONS ON THIRD PARTY PROPERTY RIGHTS)
- SECTION 1508 NEW SUBSECTION 442CB(1) (ADMINISTRATOR ' S DUTY OF CARE)
- SECTION 1509 NEW SECTION 588FP (SECURITY INTERESTS IN FAVOUR OF AN OFFICER OF A COMPANY ETC. VOID)
- SECTION 1510 WINDING UP APPLIED FOR BEFORE THE COMMENCEMENT TIME
- PART 10.14 - TRANSITIONAL PROVISIONS RELATING TO THE CORPORATIONS AMENDMENT (CORPORATE REPORTING REFORM) ACT 2010
- SECTION 1510A DEFINITION
- SECTION 1510B APPLICATION OF PART 1 OF SCHEDULE 1 TO THE AMENDING ACT
- PART 10.15 - TRANSITIONAL PROVISIONS RELATING TO THE CORPORATIONS AMENDMENT (FINANCIAL MARKET SUPERVISION) ACT 2010
- SECTION 1511 DEFINITION
- SECTION 1512 APPLICATION OF AMENDMENTS
- SECTION 1513 REGULATIONS MAY DEAL WITH TRANSITIONAL MATTERS
- PART 10.16 - TRANSITIONAL PROVISIONS RELATING TO THE CORPORATIONS AMENDMENT (NO. 1) ACT 2010
- SECTION 1516 APPLICATION OF AMENDMENTS
- PART 10.17 - TRANSITIONAL PROVISIONS RELATING TO THE CORPORATIONS AMENDMENT (IMPROVING ACCOUNTABILITY ON DIRECTOR AND EXECUTIVE REMUNERATION) ACT 2011
- SECTION 1517 APPLICATION OF SUBDIVISION B OF DIVISION 1 OF PART 2D.3
- SECTION 1518 APPLICATION OF SECTIONS 206J, 206K, 206L AND 206M
- SECTION 1519 APPLICATION OF SUBSECTION 249L(2)
- SECTION 1520 APPLICATION OF SECTION 250BB
- SECTION 1521 APPLICATION OF SECTION 250BC
- SECTION 1522 APPLICATION OF SECTION 250BD
- SECTION 1523 APPLICATION OF SUBSECTIONS 250R(4) TO (10)
- SECTION 1524 APPLICATION OF DIVISION 9 OF PART 2G.2
- SECTION 1525 APPLICATION OF AMENDMENTS OF SECTION 300A
- PART 10.18 - TRANSITIONAL AND APPLICATION PROVISIONS RELATING TO THE FUTURE OF FINANCIAL ADVICE MEASURES
- Division 1 - Provisions relating to the Corporations Amendment (Further Future of Financial Advice Measures) Act 2012
- SECTION 1526 DEFINITIONS
- SECTION 1527 APPLICATION OF BEST INTERESTS OBLIGATIONS
- SECTION 1528 APPLICATION OF BAN ON CONFLICTED REMUNERATION
- SECTION 1529 APPLICATION OF BAN ON OTHER REMUNERATION - VOLUME-BASED SHELF-SPACE FEES
- SECTION 1530 SECTION 1350 DOES NOT APPLY TO REGULATIONS MADE FOR THE PURPOSES OF SUBSECTION 1528(2) OR 1529(2)
- SECTION 1531 APPLICATION OF BAN ON OTHER REMUNERATION - ASSET-BASED FEES ON BORROWED AMOUNTS
- Division 2 - Provisions relating to the Corporations Amendment (Financial Advice Measures) Act 2016
- SECTION 1531A DEFINITIONS
- SECTION 1531B BEST INTERESTS OBLIGATION
- SECTION 1531C RENEWAL NOTICES (OPT-IN REQUIREMENT)
- SECTION 1531D DISCLOSURE STATEMENTS
- SECTION 1531E CONFLICTED REMUNERATION
- PART 10.19 - TRANSITIONAL PROVISIONS RELATING TO THE CORPORATIONS AMENDMENT (PHOENIXING AND OTHER MEASURES) ACT 2012
- SECTION 1532 DEFINITION
- SECTION 1533 PART 1 OF SCHEDULE 1 TO THE AMENDING ACT (WINDING UP BY ASIC)
- SECTION 1534 PART 2 OF SCHEDULE 1 TO THE AMENDING ACT (PUBLICATION REQUIREMENTS)
- SECTION 1535 PART 3 OF SCHEDULE 1 TO THE AMENDING ACT (MISCELLANEOUS AMENDMENTS)
- PART 10.20 - TRANSITIONAL PROVISIONS RELATING TO THE CORPORATIONS LEGISLATION AMENDMENT (AUDIT ENHANCEMENT) ACT 2012
- SECTION 1536 DEFINITIONS
- SECTION 1537 APPLICATION OF AMENDMENTS RELATING TO ANNUAL TRANSPARENCY REPORTS
- PART 10.21 - TRANSITIONAL PROVISION RELATING TO THE CORPORATIONS LEGISLATION AMENDMENT (FINANCIAL REPORTING PANEL) ACT 2012
- SECTION 1538 COURTS ETC. MAY HAVE REGARD TO FINANCIAL REPORTING PANEL REPORT
- PART 10.21A - TRANSITIONAL PROVISIONS RELATING TO THE SUPERANNUATION LEGISLATION AMENDMENT (SERVICE PROVIDERS AND OTHER GOVERNANCE MEASURES) ACT 2013
- SECTION 1538A APPLICATION OF AMENDMENTS RELATING TO CONTRIBUTIONS TO A FUND OR SCHEME
- SECTION 1538B APPLICATION OF AMENDMENTS RELATING TO STATEMENTS OF ADVICE
- PART 10.22 - TRANSITIONAL PROVISIONS RELATING TO THE SUPERANNUATION LEGISLATION AMENDMENT (FURTHER MYSUPER AND TRANSPARENCY MEASURES) ACT 2012
- SECTION 1539 APPLICATION OF SECTION 1017BA (OBLIGATION TO MAKE PRODUCT DASHBOARD PUBLICLY AVAILABLE)
- SECTION 1540 APPLICATION OF SUBSECTION 1017BB(1) (OBLIGATION TO MAKE INFORMATION RELATING TO INVESTMENT OF ASSETS OF SUPERANNUATION ENTITIES PUBLICLY AVAILABLE)
- SECTION 1541 APPLICATION OF SECTION 1017BC (OBLIGATION TO PROVIDE INFORMATION RELATING TO INVESTMENT OF ASSETS OF SUPERANNUATION ENTITIES)
- PART 10.22A - TRANSITIONAL PROVISIONS RELATING TO THE TREASURY LAWS AMENDMENT (IMPROVING ACCOUNTABILITY AND MEMBER OUTCOMES IN SUPERANNUATION MEASURES NO. 1) ACT 2019
- SECTION 1541A APPLICATION OF AMENDMENTS RELATING TO PORTFOLIO HOLDINGS DISCLOSURE
- PART 10.23 - TRANSITIONAL PROVISIONS RELATING TO THE CLEAN ENERGY LEGISLATION (CARBON TAX REPEAL) ACT 2014
- SECTION 1542 DEFINITION
- SECTION 1543 TRANSITIONAL - CARBON UNITS ISSUED BEFORE THE DESIGNATED CARBON UNIT DAY
- SECTION 1544 TRANSITIONAL - VARIATION OF CONDITIONS ON AUSTRALIAN FINANCIAL SERVICES LICENCES
- SECTION 1545 TRANSITIONAL - IMMEDIATE CANCELLATION OF AUSTRALIAN FINANCIAL SERVICES LICENCES
- SECTION 1546 TRANSITIONAL - STATEMENTS OF REASONS FOR CANCELLATION OF AUSTRALIAN FINANCIAL SERVICES LICENCES
- PART 10.23A - TRANSITIONAL PROVISIONS RELATING TO THE CORPORATIONS AMENDMENT (PROFESSIONAL STANDARDS OF FINANCIAL ADVISERS) ACT 2017
- Division 1 - Definitions
- SECTION 1546A DEFINITIONS
- Division 2 - Application and transitional provisions
- SECTION 1546B EXISTING PROVIDERS TO MEET CERTAIN EDUCATION AND TRAINING STANDARDS
- SECTION 1546C APPLICATION OF LIMITATION ON AUTHORISATION TO PROVIDE PERSONAL ADVICE AND OFFENCE
- SECTION 1546D APPLICATION OF REQUIREMENTS RELATING TO PROVISIONAL RELEVANT PROVIDERS
- SECTION 1546E APPLICATION OF CONTINUING PROFESSIONAL DEVELOPMENT STANDARD FOR RELEVANT PROVIDERS
- SECTION 1546F APPLICATION OF CODE OF ETHICS TO RELEVANT PROVIDERS
- SECTION 1546G APPLICATION OF OBLIGATIONS IN RELATION TO COMPLIANCE SCHEMES
- SECTION 1546H APPLICATION OF OBLIGATION FOR STANDARDS BODY TO PUBLISH ANNUAL REPORT
- SECTION 1546J APPLICATION OF OBLIGATION TO NOTIFY ASIC ABOUT A PERSON WHO BECOMES A RELEVANT PROVIDER
- SECTION 1546K APPLICATION OF REQUIREMENTS RELATING TO INFORMATION ABOUT RELEVANT PROVIDER ' S PRINCIPAL PLACE OF BUSINESS
- SECTION 1546L APPLICATION OF REQUIREMENTS RELATING TO INFORMATION ABOUT MEMBERSHIP OF PROFESSIONAL ASSOCIATIONS WHERE RELEVANT PROVIDER IS LICENSEE
- SECTION 1546M APPLICATION OF REQUIREMENTS RELATING TO INFORMATION ABOUT MEMBERSHIP OF PROFESSIONAL ASSOCIATIONS WHERE RELEVANT PROVIDER IS NOT LICENSEE
- SECTION 1546N APPLICATION OF REQUIREMENTS RELATING TO INFORMATION ABOUT PROVISIONAL RELEVANT PROVIDER ' S WORK AND TRAINING
- SECTION 1546P APPLICATION OF ONGOING OBLIGATION TO NOTIFY ASIC WHEN THERE IS A CHANGE IN A MATTER FOR A RELEVANT PROVIDER
- SECTION 1546Q APPLICATION OF OBLIGATION TO NOTIFY ASIC ABOUT A PERSON WHO STARTS TO HAVE CONTROL OF A BODY CORPORATE LICENSEE
- SECTION 1546R APPLICATION OF OBLIGATION TO NOTIFY ASIC ABOUT A PERSON WHO CEASES TO HAVE CONTROL OF A BODY CORPORATE LICENSEE
- SECTION 1546S APPLICATION OF OBLIGATION FOR RELEVANT PROVIDERS TO PROVIDE INFORMATION TO FINANCIAL SERVICES LICENSEES
- SECTION 1546T APPLICATION OF REQUIREMENTS RELATING TO REGISTER OF RELEVANT PROVIDERS
- SECTION 1546U RELEVANT PROVIDER NUMBERS GIVEN BEFORE COMMENCEMENT
- SECTION 1546V CONTINUATION OF REGISTER OF RELEVANT PROVIDERS
- Division 3 - Transitional notices
- SECTION 1546W OBLIGATION TO NOTIFY ASIC OF CERTAIN INFORMATION
- SECTION 1546X OBLIGATION TO NOTIFY ASIC OF CPD YEAR
- SECTION 1546Y OBLIGATION TO NOTIFY THE REGISTRAR WHEN EXAMS PASSED
- SECTION 1546Z OBLIGATION TO NOTIFY ASIC OF CERTAIN INFORMATION AFTER BANNING ORDER
- SECTION 1546ZA OFFENCE FOR FAILING TO LODGE TRANSITIONAL NOTICES
- Division 4 - Review
- PART 10.24 - TRANSITIONAL PROVISIONS RELATING TO THE CORPORATIONS LEGISLATION AMENDMENT (DEREGULATORY AND OTHER MEASURES) ACT 2014
- SECTION 1547 DEFINITIONS
- SECTION 1548 APPLICATION OF AMENDMENTS RELATING TO CALLING OF GENERAL MEETINGS
- SECTION 1549 APPLICATION OF AMENDMENTS RELATING TO DIRECTORS ' REPORTS FOR LISTED COMPANIES
- PART 10.24A - TRANSITIONAL PROVISIONS RELATING TO THE CORPORATIONS AMENDMENT (LIFE INSURANCE REMUNERATION ARRANGEMENTS) ACT 2017
- SECTION 1549A DEFINITIONS
- SECTION 1549B APPLICATIONS OF AMENDMENTS RELATING TO LIFE RISK INSURANCE PRODUCTS
- PART 10.25 - TRANSITIONAL PROVISIONS RELATING TO THE INSOLVENCY PRACTICE SCHEDULE (CORPORATIONS)
- Division 1 - Introduction
- SECTION 1550 SIMPLIFIED OUTLINE OF THIS PART
- SECTION 1551 DEFINITIONS
- Division 2 - Application of Part 2 of the Insolvency Practice Schedule (Corporations) and related consequential amendments
- Subdivision A - Registering liquidators
- SECTION 1552 APPLICATIONS FOR REGISTRATION UNDER THE OLD ACT
- SECTION 1553 PERSONS REGISTERED UNDER THE OLD ACT CONTINUE TO BE REGISTERED UNDER THE INSOLVENCY PRACTICE SCHEDULE (CORPORATIONS)
- SECTION 1554 OLD ACT REGISTRANT ' S DETAILS
- SECTION 1555 PERIOD OF OLD ACT REGISTRANT ' S REGISTRATION UNDER THE INSOLVENCY PRACTICE SCHEDULE (CORPORATIONS)
- SECTION 1556 CONDITIONS FOR OLD ACT REGISTRANTS - CONDITIONS UNDER THE INSOLVENCY PRACTICE SCHEDULE (CORPORATIONS)
- SECTION 1557 CURRENT CONDITIONS FOR OLD ACT REGISTRANTS - UNDERTAKINGS UNDER THE OLD ACT
- SECTION 1558 CURRENT CONDITIONS FOR OLD ACT REGISTRANTS - UNDERTAKINGS UNDER THE ASIC ACT
- SECTION 1559 OLD ACT REGISTRANT REGISTERED AS LIQUIDATOR OF A SPECIFIED BODY CORPORATE
- SECTION 1560 OLD ACT REGISTRANT CHOOSES NOT TO RENEW
- Subdivision B - Annual returns and statements
- SECTION 1561 APPLICATION OF OBLIGATION TO LODGE ANNUAL LIQUIDATOR RETURNS
- Subdivision C - Notice requirements
- SECTION 1562 NOTICE OF SIGNIFICANT EVENTS
- Subdivision D - Cancellation by ASIC under the old Act
- SECTION 1563 REQUEST FOR CANCELLATION MADE BEFORE THE COMMENCEMENT DAY
- SECTION 1564 DECISION TO CANCEL REGISTRATION MADE BEFORE THE COMMENCEMENT DAY
- Subdivision E - Disciplinary proceedings before the Board
- SECTION 1565 MATTERS NOT DEALT WITH BY THE BOARD BEFORE THE COMMENCEMENT DAY
- SECTION 1566 MATTERS DEALT WITH BY THE BOARD BEFORE THE COMMENCEMENT DAY
- SECTION 1567 MATTERS WHICH THE BOARD REFUSES TO DEAL WITH BEFORE THE COMMENCEMENT DAY
- SECTION 1568 BOARD CONSIDERING TERMINATING SUSPENSION BEFORE THE COMMENCEMENT DAY
- SECTION 1569 SHARING INFORMATION BETWEEN THE BOARD AND COMMITTEES
- Subdivision F - Suspension, cancellation and disciplinary action under the Insolvency Practice Schedule (Corporations)
- SECTION 1570 DIRECTION TO COMPLY WITH REQUIREMENT TO LODGE DOCUMENTS ETC.
- SECTION 1571 SUSPENSION BY ASIC UNDER THE INSOLVENCY PRACTICE SCHEDULE (CORPORATIONS)
- SECTION 1572 CANCELLATION BY ASIC UNDER THE INSOLVENCY PRACTICE SCHEDULE (CORPORATIONS)
- SECTION 1573 SHOW-CAUSE NOTICE UNDER THE INSOLVENCY PRACTICE SCHEDULE (CORPORATIONS)
- SECTION 1574 LIFTING OR SHORTENING SUSPENSION UNDER THE INSOLVENCY PRACTICE SCHEDULE (CORPORATIONS)
- SECTION 1575 ACTION INITIATED BY INDUSTRY BODIES
- Subdivision G - Powers of the Court and other bodies
- SECTION 1576 APPLICATION OF COURT POWERS UNDER SECTION 45-1 OF THE INSOLVENCY PRACTICE SCHEDULE (CORPORATIONS)
- SECTION 1577 POWERS TO DEAL WITH REGISTRATION UNDER THE OLD ACT ON OR AFTER THE COMMENCEMENT DAY
- Division 3 - Application of Part 3 of the Insolvency Practice Schedule (Corporations) and related consequential amendments
- Subdivision A - Introduction
- SECTION 1578 SIMPLIFIED OUTLINE OF THIS DIVISION
- Subdivision B - General rules for Part 3
- SECTION 1579 APPLICATION OF PART 3 OF THE INSOLVENCY PRACTICE SCHEDULE (CORPORATIONS) - GENERAL RULES
- Subdivision C - Remuneration and other benefits received by external administrators
- SECTION 1580 APPLICATION OF DIVISION 60 OF THE INSOLVENCY PRACTICE SCHEDULE (CORPORATIONS) - GENERAL RULE
- SECTION 1581 OLD ACT CONTINUES TO APPLY IN RELATION TO REMUNERATION FOR ADMINISTRATORS ALREADY APPOINTED
- SECTION 1582 DUTIES OF ADMINISTRATORS RELATING TO REMUNERATION AND OTHER BENEFITS
- SECTION 1583 OLD ACT CONTINUES TO APPLY IN RELATION TO ANY RIGHT OF INDEMNITY
- SECTION 1584 APPLICATION OF NEW PROVISIONS ABOUT VACANCIES OF COURT-APPOINTED LIQUIDATOR
- SECTION 1585 APPLICATION OF NEW PROVISIONS ABOUT EXERCISE OF POWERS WHILE COMPANY UNDER EXTERNAL ADMINISTRATION
- Subdivision D - Funds handling
- SECTION 1586 APPLICATION OF DIVISION 65 OF THE INSOLVENCY PRACTICE SCHEDULE (CORPORATIONS) - GENERAL RULE
- SECTION 1587 ADMINISTRATION ACCOUNT
- SECTION 1588 PAYING MONEY INTO ADMINISTRATION ACCOUNT
- SECTION 1589 PAYING MONEY OUT OF ADMINISTRATION ACCOUNT
- SECTION 1590 HANDLING SECURITIES
- Subdivision E - Information
- SECTION 1591 APPLICATION OF DIVISION 70 OF THE INSOLVENCY PRACTICE SCHEDULE (CORPORATIONS) - GENERAL RULE
- SECTION 1592 ACCOUNTS AND ADMINISTRATION RETURNS
- SECTION 1593 ADMINISTRATION BOOKS
- SECTION 1594 AUDIT OF ADMINISTRATION BOOKS
- SECTION 1595 TRANSFER OF ADMINISTRATION BOOKS
- SECTION 1596 RETENTION AND DESTRUCTION OF ADMINISTRATION BOOKS
- SECTION 1597 GIVING INFORMATION TO CREDITORS ETC.
- SECTION 1598 COMMONWEALTH MAY REQUEST INFORMATION
- SECTION 1599 REPORTING TO ASIC
- SECTION 1600 OLD ACT CONTINUES TO APPLY IN RELATION TO NOTICES TO REMEDY DEFAULT
- Subdivision F - Meetings
- SECTION 1601 APPLICATION OF DIVISION 75 OF THE INSOLVENCY PRACTICE SCHEDULE (CORPORATIONS) - GENERAL RULE
- SECTION 1602 EXTERNAL ADMINISTRATOR MUST CONVENE MEETINGS IN CERTAIN CIRCUMSTANCES
- SECTION 1603 OLD ACT CONTINUES TO APPLY IN RELATION TO REPORTING FOR FIRST YEAR OF ADMINISTRATION
- SECTION 1604 OLD ACT CONTINUES TO APPLY TO THE DEREGISTRATION OF COMPANIES
- SECTION 1605 OLD ACT CONTINUES TO APPLY FOR CERTAIN MEETINGS CONVENED ETC. BEFORE COMMENCEMENT DAY
- SECTION 1606 OUTCOME OF VOTING AT CREDITORS ' MEETING DETERMINED BY RELATED ENTITY OR ON CASTING VOTE - COURT POWERS
- Subdivision G - Committees of inspection
- SECTION 1607 APPLICATION OF DIVISION 80 OF THE INSOLVENCY PRACTICE SCHEDULE (CORPORATIONS) - GENERAL RULES
- SECTION 1608 APPOINTING COMMITTEES OF INSPECTION
- SECTION 1609 OLD ACT CONTINUES TO APPLY TO CERTAIN REPORTS BY ADMINISTRATOR
- SECTION 1610 MEMBERSHIP OF CONTINUED COMMITTEES
- SECTION 1611 VALIDITY OF APPOINTMENT UNDER SECTION 548 OF THE OLD ACT NOT AFFECTED BY LACK OF SEPARATE MEETING OF CONTRIBUTORIES
- SECTION 1612 CONTINUED APPLICATION OF DIRECTIONS BY CREDITORS OR COMMITTEES UNDER THE OLD ACT
- SECTION 1613 COMMITTEE OF INSPECTION MAY REQUEST INFORMATION
- SECTION 1614 DUTIES OF MEMBERS OF COMMITTEE OF INSPECTION AND CREDITORS RELATING TO PROFITS AND ADVANTAGES ETC.
- Subdivision H - Review of the external administration of a company
- SECTION 1615 APPLICATION OF DIVISION 90 OF THE INSOLVENCY PRACTICE SCHEDULE (CORPORATIONS) - GENERAL RULE
- SECTION 1616 APPLICATION OF THE INSOLVENCY PRACTICE SCHEDULE (CORPORATIONS) PROVISIONS THAT CONFLICT WITH OLD ACT COURT ORDERS - GENERAL RULE
- SECTION 1617 OLD ACT CONTINUES TO APPLY IN RELATION TO ONGOING PROCEEDINGS BEFORE A COURT - GENERAL RULE
- SECTION 1618 COURT POWERS TO INQUIRE INTO AND MAKE ORDERS
- SECTION 1619 REVIEW BY ANOTHER REGISTERED LIQUIDATOR
- SECTION 1620 REMOVAL BY CREDITORS
- Division 4 - Administrative review
- SECTION 1621 ADMINISTRATIVE APPEALS TRIBUNAL OR ADMINISTRATIVE REVIEW TRIBUNAL PROCEEDINGS
- Division 5 - Application of other consequential amendments
- SECTION 1622 OUTCOME OF VOTING AT CREDITORS ' MEETING DETERMINED BY RELATED ENTITY OR ON CASTING VOTE - COURT POWERS
- SECTION 1623 RETURNS AND ACCOUNTS BY CONTROLLERS
- SECTION 1624 TRANSFER OF BOOKS BY A CONTROLLER TO A NEW CONTROLLER OR ASIC
- SECTION 1625 OFFICERS REPORTING TO CONTROLLER ABOUT CORPORATION ' S AFFAIRS
- SECTION 1626 LODGING NOTICE OF EXECUTION OF A DEED OF COMPANY ARRANGEMENT
- SECTION 1627 OFFICE OF LIQUIDATOR APPOINTED BY THE COURT
- SECTION 1628 REPORT AS TO COMPANY ' S AFFAIRS TO BE SUBMITTED TO LIQUIDATOR
- SECTION 1629 ORDERS FOR RELEASE OR DEREGISTRATION
- SECTION 1630 MEETING RELATING TO THE VOLUNTARY WINDING UP OF A COMPANY
- SECTION 1631 POOLING DETERMINATIONS
- SECTION 1632 ELECTRONIC METHODS OF GIVING OR SENDING CERTAIN NOTICES
- SECTION 1633 DEREGISTRATION FOLLOWING WINDING UP
- Division 6 - Regulations
- SECTION 1634 REGULATIONS
- PART 10.26 - TRANSITIONAL PROVISIONS RELATING TO SCHEDULE 3 TO THE INSOLVENCY LAW REFORM ACT 2016
- SECTION 1635 APPLICATION OF AMENDMENTS MADE BY SCHEDULE 3 TO THE INSOLVENCY LAW REFORM ACT 2016
- PART 10.28 - TRANSITIONAL PROVISIONS RELATING TO THE TREASURY LAWS AMENDMENT (2016 MEASURES NO. 1) ACT 2017
- SECTION 1636A APPLICATION OF SUBSECTIONS 981D(2) AND 984B(3)
- SECTION 1637 APPLICATION OF SUBPARAGRAPH 1274(2)(a)(iva) AND SUBSECTIONS 1274(2AA) AND (2AB)
- PART 10.30 - TRANSITIONAL PROVISIONS RELATING TO THE TREASURY LAWS AMENDMENT (2017 MEASURES NO. 5) ACT 2018
- SECTION 1639 DEFINITIONS
- SECTION 1640 APPLICATION - OBLIGATION TO COMPLY WITH RULES ABOUT FINANCIAL BENCHMARKS
- SECTION 1641 APPLICATION - OFFENCES RELATING TO MANIPULATION OF FINANCIAL BENCHMARKS
- SECTION 1642 APPLICATION - EXTENDED MEANING OF FINANCIAL PRODUCTS AND DIVISION 3 FINANCIAL PRODUCTS FOR PART 7.10
- PART 10.31 - TRANSITIONAL PROVISIONS RELATING TO THE CORPORATIONS AMENDMENT (CROWD-SOURCED FUNDING FOR PROPRIETARY COMPANIES) ACT 2018
- SECTION 1643 APPLICATION OF AMENDMENTS
- PART 10.32 - TRANSITIONAL PROVISIONS RELATING TO THE TREASURY LAWS AMENDMENT (ENHANCING WHISTLEBLOWER PROTECTIONS) ACT 2019
- SECTION 1644 APPLICATION OF AMENDMENTS
- SECTION 1644A APPLICATION OF AMENDMENTS RELATING TO PENALTIES
- PART 10.33 - TRANSITIONAL PROVISIONS RELATING TO THE CORPORATIONS AMENDMENT (ASIA REGION FUNDS PASSPORT) ACT 2018
- SECTION 1645 SAVING DELEGATIONS
- SECTION 1646 DECISIONS TO GIVE, WITHDRAW OR NOT WITHDRAW A NOTICE UNDER SUBSECTION 1313(1)
- PART 10.34 - TRANSITIONAL PROVISIONS RELATING TO THE CORPORATIONS AMENDMENT (STRENGTHENING PROTECTIONS FOR EMPLOYEE ENTITLEMENTS) ACT 2019
- SECTION 1647 APPLICATION - PROTECTION OF EMPLOYEE ENTITLEMENTS
- SECTION 1648 APPLICATION - CONTRIBUTION ORDERS
- SECTION 1649 APPLICATION - DIRECTOR DISQUALIFICATION
- PART 10.35 - APPLICATION AND TRANSITIONAL PROVISIONS RELATING TO REGISTRIES MODERNISATION AMENDMENTS
- SECTION 1650 DEFINITIONS
- SECTION 1650A VALIDATION OF ACTS OR THINGS DONE DURING INTERIM PERIOD
- SECTION 1650B APPLICATION OF AMENDMENTS
- SECTION 1650C THINGS STARTED BUT NOT FINISHED BY ASIC
- SECTION 1650D REGISTER OF LIQUIDATORS
- PART 10.35A - TRANSITIONAL PROVISIONS RELATING TO SCHEDULE 2 TO THE TREASURY LAWS AMENDMENT (REGISTRIES MODERNISATION AND OTHER MEASURES) ACT 2020
- SECTION 1653 DIRECTOR IDENTIFICATION NUMBERS
- PART 10.36 - APPLICATION AND TRANSITIONAL PROVISIONS RELATING TO THE TREASURY LAWS AMENDMENT (STRENGTHENING CORPORATE AND FINANCIAL SECTOR PENALTIES) ACT 2019
- SECTION 1655 DEFINITIONS
- SECTION 1656 APPLICATION - OFFENCES
- SECTION 1657 APPLICATION - CIVIL PENALTY PROVISIONS
- SECTION 1658 APPLICATION - OFFENCE PROVISIONS REPEALED AND SUBSTITUTED WITH CONDUCT RULES WITH MULTIPLE CONSEQUENCES
- SECTION 1659 APPLICATION - INFRINGEMENT NOTICES
- SECTION 1660 APPLICATION - DEFINITION OF DISHONESTY
- PART 10.37 - TRANSITIONAL PROVISIONS RELATING TO THE TREASURY LAWS AMENDMENT (COMBATING ILLEGAL PHOENIXING) ACT 2020
- SECTION 1661 APPLICATION OF AMENDMENTS
- PART 10.38 - TRANSITIONAL PROVISIONS RELATING TO SCHEDULE 1 TO THE TREASURY LAWS AMENDMENT (MUTUAL REFORMS) ACT 2019
- SECTION 1662 APPLICATION OF AMENDMENTS MADE BY SCHEDULE 1 TO THE TREASURY LAWS AMENDMENT (MUTUAL REFORMS) ACT 2019
- PART 10.39 - TRANSITIONAL PROVISIONS RELATING TO SCHEDULE 3 TO THE FINANCIAL SECTOR REFORM (HAYNE ROYAL COMMISSION RESPONSE - STRONGER REGULATORS (2019 MEASURES)) ACT 2020
- SECTION 1663 DEFINITIONS
- SECTION 1664 APPLICATION - EXISTING FINANCIAL SERVICES LICENSEE
- SECTION 1665 APPLICATION - APPLICATIONS MADE BEFORE COMMENCEMENT
- PART 10.40 - TRANSITIONAL PROVISIONS RELATING TO SCHEDULE 4 TO THE FINANCIAL SECTOR REFORM (HAYNE ROYAL COMMISSION RESPONSE - STRONGER REGULATORS (2019 MEASURES)) ACT 2020
- SECTION 1666 APPLICATION - CONDUCT ETC. RELEVANT TO NEW BANNING AND DISQUALIFICATION ORDERS
- SECTION 1667 TRANSITIONAL - EXISTING BANNING AND DISQUALIFICATION ORDERS
- PART 10.41 - TRANSITIONAL PROVISIONS RELATING TO THE TREASURY LAWS AMENDMENT (2019 MEASURES NO. 3) ACT 2020
- SECTION 1668 TRANSITIONAL - DELEGATIONS
- PART 10.42 - TRANSITIONAL PROVISIONS RELATING TO THE CORONAVIRUS ECONOMIC RESPONSE PACKAGE OMNIBUS ACT 2020
- SECTION 1669 APPLICATION OF AMENDMENTS MADE BY SCHEDULE 12 TO THE CORONAVIRUS ECONOMIC RESPONSE PACKAGE OMNIBUS ACT 2020
- PART 10.43 - APPLICATION PROVISIONS RELATING TO SCHEDULE 10 TO THE FINANCIAL SECTOR REFORM (HAYNE ROYAL COMMISSION RESPONSE) ACT 2020
- SECTION 1670 APPLICATION OF REFERENCE CHECKING AND INFORMATION SHARING PROTOCOL
- PART 10.44 - APPLICATION AND TRANSITIONAL PROVISIONS RELATING TO SCHEDULE 11 TO THE FINANCIAL SECTOR REFORM (HAYNE ROYAL COMMISSION RESPONSE) ACT 2020
- SECTION 1671 DEFINITIONS
- SECTION 1671A CONTINUED APPLICATION OF PARAGRAPH 601FC(1)(l) AND SECTION 912D
- SECTION 1671B APPLICATION OF SECTIONS 912DAA AND 912DAB
- SECTION 1671C APPLICATION OF SECTION 912DAC
- SECTION 1671D APPLICATION OF ASIC ' S OBLIGATIONS TO PUBLISH INFORMATION UNDER SECTION 912DAD
- SECTION 1671E APPLICATION OF PROVISIONS DEALING WITH NOTIFYING AND COMPENSATING A PERSON AFFECTED BY A REPORTABLE SITUATION
- PART 10.45 - TRANSITIONAL PROVISIONS RELATING TO THE FINANCIAL SECTOR REFORM (HAYNE ROYAL COMMISSION RESPONSE) ACT 2020
- SECTION 1672 TRANSITIONAL - BANKING CODE OF PRACTICE
- PART 10.46 - APPLICATION AND TRANSITIONAL PROVISIONS RELATING TO SCHEDULE 1 TO THE FINANCIAL SECTOR REFORM (HAYNE ROYAL COMMISSION RESPONSE NO. 2) ACT 2021
- Division 1 - Introduction
- SECTION 1673 DEFINITIONS
- Division 2 - New ongoing fee arrangements
- SECTION 1673A APPLICATION PROVISION FOR NEW ONGOING FEE ARRANGEMENTS
- Division 3 - Existing ongoing fee arrangements
- SECTION 1673B APPLICATION OF THIS DIVISION
- SECTION 1673C APPLICATION - ANNUAL REQUIREMENT TO GIVE FEE DISCLOSURE STATEMENT
- SECTION 1673D TRANSITIONAL - EXISTING OBLIGATION TO GIVE A FEE DISCLOSURE STATEMENT UNDER SECTION 962G
- SECTION 1673E TRANSITIONAL - EXISTING OBLIGATION TO GIVE A RENEWAL NOTICE AND FEE DISCLOSURE STATEMENT UNDER SECTION 962K
- SECTION 1673F APPLICATION - CONSENT REQUIREMENTS FOR DEDUCTIONS OF ONGOING FEES
- SECTION 1673G APPLICATION - COMPLIANCE RECORDS
- PART 10.47 - APPLICATION AND TRANSITIONAL PROVISIONS RELATING TO SCHEDULE 2 TO THE FINANCIAL SECTOR REFORM (HAYNE ROYAL COMMISSION RESPONSE NO. 2) ACT 2021
- SECTION 1674 APPLICATION OF DISCLOSURE OF LACK OF INDEPENDENCE REFORMS
- SECTION 1674A OBLIGATION TO GIVE UPDATED FINANCIAL SERVICES GUIDE
- PART 10.48 - APPLICATION AND TRANSITIONAL PROVISIONS RELATING TO SCHEDULE 7 TO THE FINANCIAL SECTOR REFORM (HAYNE ROYAL COMMISSION RESPONSE) ACT 2020
- SECTION 1675 DEFINITIONS
- SECTION 1675A APPLICATION OF CLAIMS HANDLING AND SETTLING SERVICES REFORMS
- SECTION 1675B TRANSITION PERIODS
- SECTION 1675C APPLICATION DURING TRANSITION PERIOD
- PART 10.49 - TRANSITIONAL PROVISIONS RELATING TO SCHEDULE 9 TO THE FINANCIAL SECTOR REFORM (HAYNE ROYAL COMMISSION RESPONSE) ACT 2020
- SECTION 1676 DEFINITIONS
- SECTION 1676A AUTOMATIC EXTENSION OF LICENCE CONDITIONS ON THE COMMENCEMENT DAY - LICENSEES WHO ARE AUTHORISED TO DEAL
- SECTION 1676B AUTOMATIC EXTENSION OF LICENCE CONDITIONS - LICENCE APPLICATIONS PENDING JUST BEFORE COMMENCEMENT DAY
- SECTION 1676C AUTOMATIC EXTENSION OF LICENCE CONDITIONS - VARIATION APPLICATIONS PENDING JUST BEFORE COMMENCEMENT DAY
- SECTION 1676D AUTOMATIC LICENCE CONDITIONS MAY BE VARIED ETC.
- PART 10.51 - TRANSITIONAL PROVISIONS RELATING TO THE TERRITORIES LEGISLATION AMENDMENT ACT 2020
- SECTION 1678 DEFINITIONS
- SECTION 1678A REGISTRATION OF NORFOLK ISLAND COMPANIES - GENERAL
- SECTION 1678B REGISTRATION OF NORFOLK ISLAND COMPANIES - REGISTRATION PROCESS AND OTHER MATTERS
- SECTION 1678C REGISTRATION OF NORFOLK ISLAND COMPANIES - PROVISION OF INFORMATION
- SECTION 1678D TRANSITIONAL RULES
- SECTION 1678E SAVING OF RULES IN RELATION TO PARTICULAR CORPORATIONS
- SECTION 1678F DIRECTOR IDENTIFICATION NUMBERS - NORFOLK ISLAND COMPANY DIRECTORS
- PART 10.52 - APPLICATION AND TRANSITIONAL PROVISIONS RELATING TO SCHEDULE 1 TO THE TREASURY LAWS AMENDMENT (2021 MEASURES NO. 1) ACT 2021
- SECTION 1679 DEFINITIONS
- SECTION 1679A APPLICATION - VIRTUAL MEETINGS AND ELECTRONIC COMMUNICATIONS
- SECTION 1679C APPLICATION - RECORDING AND KEEPING OF MINUTE BOOKS
- SECTION 1679D APPLICATION - EXECUTION OF DOCUMENTS
- SECTION 1679E APPLICATION OF COVID-19 INSTRUMENT
- SECTION 1679F AMENDMENTS MADE BY PART 1 DO NOT APPLY ON AND AFTER 1 APRIL 2022
- PART 10.53 - APPLICATION AND TRANSITIONAL PROVISIONS RELATING TO MEETINGS AND COMMUNICATIONS UNDER THE CORPORATIONS AMENDMENT (CORPORATE INSOLVENCY REFORMS) ACT 2020
- SECTION 1680 DEFINITIONS
- SECTION 1680A APPLICATION OF COVID-19 INSTRUMENT
- SECTION 1680B VALIDATION OF THINGS DONE UNDER COVID-19 INSTRUMENTS
- PART 10.54 - APPLICATION PROVISIONS RELATING TO SIMPLIFIED LIQUIDATION PROCESS UNDER THE CORPORATIONS AMENDMENT (CORPORATE INSOLVENCY REFORMS) ACT 2020
- SECTION 1681 APPLICATION OF AMENDMENTS RELATING TO THE SIMPLIFIED LIQUIDATION PROCESS
- PART 10.55 - TRANSITIONAL PROVISIONS RELATING TO THE TREASURY LAWS AMENDMENT (YOUR FUTURE, YOUR SUPER) ACT 2021
- SECTION 1682 APPLICATION OF AMENDMENT RELATING TO PORTFOLIO HOLDINGS DISCLOSURE
- PART 10.56 - APPLICATION AND TRANSITIONAL PROVISIONS RELATING TO THE TREASURY LAWS AMENDMENT (2021 MEASURES NO. 1) ACT 2021
- SECTION 1683 DEFINITIONS
- SECTION 1683A APPLICATION
- SECTION 1683B REVIEW OF OPERATION OF LAWS
- SECTION 1683C AMENDMENTS MADE BY SCHEDULE 2 TO THE AMENDING ACT CEASE TO HAVE EFFECT IF REVIEW OF OPERATION OF LAWS IS NOT CONDUCTED
- PART 10.57 - TRANSITIONAL PROVISIONS RELATING TO THE FINANCIAL SECTOR REFORM (HAYNE ROYAL COMMISSION RESPONSE - BETTER ADVICE) ACT 2021 AND RELATED MEASURES
- Division 1 - Definitions
- SECTION 1684 DEFINITIONS
- Division 2 - Transitional provisions for existing providers
- SECTION 1684AA EXPERIENCED PROVIDER PATHWAY
- SECTION 1684A APPLICATION - QUALIFICATIONS FOR EXISTING PROVIDERS
- SECTION 1684B APPLICATION - EXAM FOR EXISTING PROVIDERS
- SECTION 1684C APPLICATION - EXISTING PROVIDERS WHO MEET CERTAIN EDUCATION AND TRAINING STANDARDS EXEMPT FROM WORK AND TRAINING REQUIREMENT
- SECTION 1684D APPLICATION - LIMITATION ON AUTHORISATION OF EXISTING PROVIDERS TO PROVIDE PERSONAL ADVICE
- SECTION 1684E TRANSITIONAL - MINISTER MAY DETERMINE COURSES FOR CERTAIN PURPOSES
- Division 3 - Other transitional provisions relating to the amending Act
- SECTION 1684F TRANSITIONAL - EXAMS
- SECTION 1684G APPLICATION - CONTINUING PROFESSIONAL DEVELOPMENT
- SECTION 1684H APPLICATION - ACTION AGAINST RELEVANT PROVIDERS
- SECTION 1684J APPLICATION - RECOMMENDATIONS TO ASIC IN RELATION TO RESTRICTED CIVIL PENALTY PROVISIONS
- SECTION 1684K APPLICATION - WARNINGS AND REPRIMANDS
- SECTION 1684L APPLICATION - REQUIREMENT FOR RELEVANT PROVIDERS TO BE REGISTERED
- SECTION 1684M SAVING - DETERMINATIONS MADE FOR EDUCATION AND TRAINING STANDARDS
- SECTION 1684N SAVING - WORD OR EXPRESSION TO REFER TO A PROVISIONAL RELEVANT PROVIDER
- SECTION 1684P SAVING - CODE OF ETHICS
- SECTION 1684Q TRANSITIONAL - APPROVALS OF FOREIGN QUALIFICATIONS
- SECTION 1684R SAVING - APPROVALS OF FOREIGN QUALIFICATIONS THAT ARE IN FORCE
- SECTION 1684S TRANSITIONAL - APPROVALS OF FOREIGN QUALIFICATIONS THAT ARE NOT YET IN FORCE
- SECTION 1684T TRANSITIONAL - ORDERS UNDER SECTION 30-20 OF THE OLD TAX AGENT SERVICES ACT
- SECTION 1684U TRANSITIONAL - DEEMED REGISTRATION OF CERTAIN RELEVANT PROVIDERS
- SECTION 1684V TRANSITIONAL - TRANSFER OF DOCUMENTS
- Division 3A - Transitional provisions relating to the second amending Act
- SECTION 1684VA APPLICATION OF AMENDMENT - APPROVAL OF DOMESTIC QUALIFICATIONS
- SECTION 1684VB TRANSITIONAL - DETERMINATION APPROVING DEGREES AND QUALIFICATIONS
- SECTION 1684VC CERTAIN REQUIREMENTS FOR REGISTERED TAX AGENTS
- PART 10.58 - APPLICATION AND TRANSITIONAL PROVISIONS RELATING TO SCHEDULE 6 TO THE TREASURY LAWS AMENDMENT (2022 MEASURES NO. 4) ACT 2023
- SECTION 1685 FINANCIAL REPORTING AND AUDITING REQUIREMENTS FOR REGISTRABLE SUPERANNUATION ENTITIES
- PART 10.59 - APPLICATION PROVISIONS RELATING TO THE TREASURY LAWS AMENDMENT (2021 MEASURES NO. 5) ACT 2021
- SECTION 1686 DEFINITIONS
- SECTION 1686A QUALIFIED PRIVILEGE FOR RESTRUCTURING PRACTITIONERS
- SECTION 1686B PROTECTION OF PERSONS DEALING WITH RESTRUCTURING PRACTITIONER
- SECTION 1686C ELIGIBILITY CRITERIA FOR SIMPLIFIED LIQUIDATION
- SECTION 1686D POWERS AND DUTIES OF LIQUIDATOR
- SECTION 1686E WITHDRAWAL OF MARKET BIDS
- PART 10.60 - APPLICATION AND TRANSITIONAL PROVISIONS RELATING TO THE CORPORATIONS AMENDMENT (MEETINGS AND DOCUMENTS) ACT 2022
- SECTION 1687 DEFINITIONS
- SECTION 1687A APPLICATION - SIGNING AND EXECUTION OF DOCUMENTS
- SECTION 1687B APPLICATION - MEETINGS
- SECTION 1687C APPLICATION - SENDING DOCUMENTS
- SECTION 1687D TRANSITIONAL - ELECTIONS TO BE SENT DOCUMENTS IN HARD COPY MADE UNDER SECTION 253RB OR 253RC
- SECTION 1687E TRANSITIONAL - ELECTIONS TO RECEIVE ANNUAL REPORTS IN PARTICULAR FORM
- SECTION 1687F TRANSITIONAL - ELECTIONS NOT TO BE SENT ANNUAL REPORTS
- SECTION 1687G TRANSITIONAL - REQUESTS FOR FULL REPORTS
- SECTION 1687H TRANSITIONAL - OTHER ELECTIONS TO BE SENT DOCUMENTS IN PARTICULAR FORM
- SECTION 1687J REVIEW OF OPERATION OF LAWS
- SECTION 1687K PROVISIONS RELATING TO HOLDING VIRTUAL-ONLY MEETINGS CEASE TO HAVE EFFECT IF REPORT OF REVIEW OF OPERATION OF LAWS IS NOT TABLED WITHIN CERTAIN PERIOD
- PART 10.62 - APPLICATION PROVISIONS RELATING TO SCHEDULE 8 TO THE CORPORATE COLLECTIVE INVESTMENT VEHICLE FRAMEWORK AND OTHER MEASURES ACT 2022
- SECTION 1689 DEFINITIONS
- SECTION 1690 APPLICATION OF PARAGRAPH 912D(3)(e)
- SECTION 1691 APPLICATION OF SUBSECTION 912D(6)
- SECTION 1692 SAVING OF REGULATION 7.6.04A OF THE CORPORATIONS REGULATIONS 2001
- PART 10.63 - APPLICATION PROVISIONS RELATING TO PART 7 OF SCHEDULE 4 TO THE TREASURY LAWS AMENDMENT (2022 MEASURES NO. 1) ACT 2022
- SECTION 1693 DEFINITIONS
- SECTION 1693A APPLICATION PROVISION
- SECTION 1693B INSTRUMENTS THAT PROVIDE RELIEF FROM REQUIREMENTS OF THIS ACT - LODGEMENT OF ANNUAL REPORTS BY LARGE PROPRIETARY COMPANIES
- PART 10.64 - APPLICATION AND TRANSITIONAL PROVISIONS RELATING TO SCHEDULES 1 AND 4 TO THE TREASURY LAWS AMENDMENT (MODERNISING BUSINESS COMMUNICATIONS AND OTHER MEASURES) ACT 2023
- Division 1 - Modernising Business Communications
- SECTION 1694 DEFINITIONS
- SECTION 1694A APPLICATION - SIGNING DOCUMENTS
- SECTION 1694B APPLICATION - SENDING DOCUMENTS
- SECTION 1694C APPLICATION - UNCONTACTABLE MEMBERS
- SECTION 1694D APPLICATION - DIRECTORS ' MEETINGS
- SECTION 1694E TRANSITIONAL - ELECTIONS BY AUSTRALIAN MEMBERS OF NOTIFIED FOREIGN PASSPORT FUNDS TO RECEIVE ANNUAL REPORTS IN PARTICULAR FORM ETC.
- SECTION 1694F TRANSITIONAL - ELECTIONS BY MEMBERS OF COMPANIES LIMITED BY GUARANTEE TO RECEIVE REPORTS ETC.
- Division 2 - Miscellaneous and Technical Amendments
- SECTION 1694G APPLICATION OF AMENDMENTS MADE BY DIVISION 2 OF PART 1 OF SCHEDULE 4 TO THE TREASURY LAWS AMENDMENT (MODERNISING BUSINESS COMMUNICATIONS AND OTHER MEASURES) ACT 2023
- SECTION 1694H APPLICATION OF AMENDMENTS MADE BY DIVISION 16 OF PART 1 OF SCHEDULE 4 TO THE TREASURY LAWS AMENDMENT (MODERNISING BUSINESS COMMUNICATIONS AND OTHER MEASURES) ACT 2023
- SECTION 1694J TRANSITIONAL - REFERENCE CHECKING AND INFORMATION SHARING PROTOCOL
- PART 10.66 - TRANSITIONAL PROVISIONS RELATING TO SCHEDULE 4 OF THE TREASURY LAWS AMENDMENT (COST OF LIVING SUPPORT AND OTHER MEASURES) ACT 2022
- SECTION 1696 EMPLOYEE SHARE SCHEMES - RECOGNISED FOREIGN MARKETS
- PART 10.67 - APPLICATION PROVISIONS RELATING TO SCHEDULE 4 TO THE TREASURY LAWS AMENDMENT (2022 MEASURES NO. 1) ACT 2022
- SECTION 1697 APPLICATION OF AMENDMENT TO OBLIGATION TO MAKE PRODUCT DASHBOARD PUBLICLY AVAILABLE
- PART 10.68 - APPLICATION AND TRANSITIONAL PROVISIONS RELATING TO THE ALRC FINANCIAL SERVICES INTERIM REPORTS
- Division 1 - Schedule 2 to the Treasury Laws Amendment (Modernising Business Communications and Other Measures) Act 2023
- SECTION 1698 DEFINITIONS
- SECTION 1698A TRANSLATION OF REFERENCES IN INSTRUMENTS
- Division 2 - Schedules 1 and 2 to the Treasury Laws Amendment (2023 Law Improvement Package No. 1) Act 2023
- SECTION 1698B DEFINITIONS
- SECTION 1698C TRANSLATION OF REFERENCES IN INSTRUMENTS
- SECTION 1698D CALCULATION OF TIME
- SECTION 1698E SAVING OF PART 5D.6 AUTHORISATIONS
- SECTION 1698F SAVING OF EXISTING PRESCRIBED FORMS
- SECTION 1689G SAVING OF EXISTING REGULATIONS THAT ARE NOT TO BE REMADE
- SECTION 1698H SAVING OF DECLARATIONS THAT A SPECIFIED FACILITY ETC. IS NOT A FINANCIAL PRODUCT
- SECTION 1698J SAVING OF APPOINTMENTS AND DELEGATIONS UNDER PART 7.5
- SECTION 1698K AMENDMENTS OF DIVISION 5 OF PART 7.8A DO NOT AFFECT THE CONTINUITY OF INSTRUMENTS MADE UNDER SECTION 994L
- SECTION 1698L AMENDMENTS OF PART 9.12 DO NOT AFFECT THE CONTINUITY OF THE REGULATIONS
- PART 10.69 - TRANSITIONAL PROVISIONS RELATING TO SCHEDULE 1 TO THE TREASURY LAWS AMENDMENT (2023 MEASURES NO. 1) ACT 2023
- SECTION 1699 DEFINITIONS
- SECTION 1699A TRANSITIONAL - REGISTRATION OF RELEVANT PROVIDERS
- SECTION 1699B TRANSITIONAL - RELEVANT PROVIDERS WHO ARE FINANCIAL SERVICES LICENSEES APPLYING TO BE REGISTERED
- SECTION 1699C TRANSITIONAL - FINANCIAL SERVICES LICENSEES APPLYING TO REGISTER RELEVANT PROVIDERS
- SECTION 1699D TRANSITIONAL - REGISTRATION SUSPENSION ORDERS
- SECTION 1699E TRANSITIONAL - REGISTRATION PROHIBITION ORDERS
- SECTION 1699F TRANSITIONAL - ACTION BY FINANCIAL SERVICES AND CREDIT PANELS AGAINST RELEVANT PROVIDERS
- SECTION 1699G APPLICATION OF AMENDMENT - REQUIREMENT FOR RELEVANT PROVIDERS TO BE REGISTERED
- SECTION 1699H APPLICATION OF AMENDMENT - DEEMED REGISTRATION OF CERTAIN RELEVANT PROVIDERS
- PART 10.70 - APPLICATION PROVISIONS RELATING TO SCHEDULE 5 TO THE TREASURY LAWS AMENDMENT (2023 LAW IMPROVEMENT PACKAGE NO. 1) ACT 2023
- SECTION 1700 EXEMPTIONS FROM REQUIREMENT TO GIVE FINANCIAL SERVICES GUIDE
- PART 10.71 - APPLICATION PROVISIONS RELATING TO THE TREASURY LAWS AMENDMENT (2023 MEASURES NO. 3) ACT 2023
- SECTION 1701 SCHEMES FOR AVOIDING CERTAIN PRODUCT INTERVENTION ORDERS
- PART 10.72 - APPLICATION PROVISIONS RELATING TO SCHEDULE 1 TO THE TREASURY LAWS AMENDMENT (MAKING MULTINATIONALS PAY THEIR FAIR SHARE - INTEGRITY AND TRANSPARENCY) ACT 2024
- SECTION 1702 APPLICATION OF AMENDMENTS
- PART 10.73 - APPLICATION PROVISIONS RELATING TO SCHEDULE 8 TO THE TREASURY LAWS AMENDMENT (SUPPORT FOR SMALL BUSINESS AND CHARITIES AND OTHER MEASURES) ACT 2024
- SECTION 1703 APPLICATION PROVISION
- PART 10.75 - APPLICATION AND TRANSITIONAL PROVISIONS RELATING TO SCHEDULE 2 TO THE TREASURY LAWS AMENDMENT (FINANCIAL MARKET INFRASTRUCTURE AND OTHER MEASURES) ACT 2024
- Division 1 - Definitions
- SECTION 1705 DEFINITIONS
- Division 2 - Granting of Australian CS facility licences
- SECTION 1705A APPLICATION OF AMENDMENTS - APPLICATIONS FOR AUSTRALIAN CS FACILITY LICENCES
- SECTION 1705B TRANSITIONAL - AUSTRALIAN CS FACILITY LICENCES IN FORCE BEFORE THE COMMENCEMENT TIME
- SECTION 1705C TRANSITIONAL - AUSTRALIAN CS FACILITY LICENCES IN FORCE BEFORE THE COMMENCEMENT TIME FOR OPERATING OVERSEAS CLEARING AND SETTLEMENT FACILITIES
- SECTION 1705D TRANSITIONAL - APPLICATIONS FOR AN AUSTRALIAN CS FACILITY LICENCE UNDECIDED BEFORE THE COMMENCEMENT TIME
- Division 3 - Dealing with licences that are not being used etc.
- SECTION 1705E APPLICATION OF AMENDMENTS - SUSPENSION OR CANCELLATION OF LICENCES
- Division 4 - Declared financial markets and widely held market bodies
- Subdivision A - Declared financial markets
- SECTION 1705F TRANSITIONAL - PRESCRIBED FINANCIAL MARKETS TO BE DECLARED FINANCIAL MARKETS
- SECTION 1705G TRANSLATION OF REFERENCES TO PRESCRIBED FINANCIAL MARKETS IN INSTRUMENTS
- Subdivision B - Widely held market bodies
- SECTION 1705H TRANSITIONAL - WIDELY HELD MARKET BODIES
- SECTION 1705J APPLICATION OF AMENDMENTS - PRESERVATION OF VOTING POWER
- SECTION 1705K TRANSITIONAL - PRE-COMMENCEMENT APPROVALS GRANTED FOR PRESERVATION OF VOTING POWER
- Division 5 - Approval for control of certain Australian licensees
- SECTION 1705L TRANSITIONAL - PRESERVATION OF VOTING POWER IN CONTROLLED AUSTRALIAN FINANCIAL BODIES
- SECTION 1705M APPLICATION OF AMENDMENTS - MARKET LICENSEES AND CS FACILITY LICENSEES
- Division 6 - Limits on certain market licences and CS facility licences
- SECTION 1705N TRANSITIONAL - EXEMPTIONS (PART 7.2)
- SECTION 1705P TRANSITIONAL - EXEMPTIONS (PART 7.3)
- Division 7 - Rule-making
- SECTION 1705Q APPLICATION OF AMENDMENTS
- Division 8 - Streamlining some of ASIC ' s existing directions powers
- SECTION 1705R APPLICATION OF AMENDMENTS
- Division 9 - Enhancing regulator powers for CS facility licensees
- SECTION 1705S TRANSITIONAL - DIRECTIONS POWER TO REDUCE SYSTEMIC RISK
- PART 10.76 - APPLICATION AND TRANSITIONAL PROVISIONS RELATING TO SCHEDULE 3 TO THE TREASURY LAWS AMENDMENT (FINANCIAL MARKET INFRASTRUCTURE AND OTHER MEASURES) ACT 2024
- SECTION 1706 DEFINITIONS
- SECTION 1706A TRANSITIONAL - MINISTERIAL INSTRUMENTS
- SECTION 1706B APPLICATION OF AMENDMENTS - SPECIAL REPORTS AND AUDIT REPORTS
- SECTION 1706C TRANSITIONAL - REPORTS IN RELATION TO MARKET LICENSEES
- SECTION 1706D TRANSITIONAL - REPORTS IN RELATION TO CS FACILITY LICENSEES
- PART 10.77 - APPLICATION AND TRANSITIONAL PROVISIONS RELATING TO SCHEDULE 4 TO THE TREASURY LAWS AMENDMENT (FINANCIAL MARKET INFRASTRUCTURE AND OTHER MEASURES) ACT 2024
- Division 1 - Preliminary
- SECTION 1707 DEFINITIONS
- Division 2 - Sustainability reporting
- SECTION 1707A APPLICATION OF AMENDMENTS - PLACE WHERE SUSTAINABILITY RECORDS ARE KEPT
- SECTION 1707B APPLICATION OF AMENDMENTS - SUSTAINABILITY REPORTING
- SECTION 1707C APPLICATION OF AMENDMENTS - DIRECTORS ' DECLARATION
- SECTION 1707D LIMITED IMMUNITY FOR STATEMENTS IN NEW SUSTAINABILITY REPORTING
- Division 3 - Audit and review
- SECTION 1707E ACCOUNTING STANDARDS MUST DEAL WITH AUDIT AND REVIEW OF SUSTAINABILITY REPORTS BEFORE 1 JULY 2030
- SECTION 1707F REVIEW OF SUSTAINABILITY REPORT BEFORE 1 JULY 2030
- Division 4 - Review of operation of laws
- SECTION 1707G REVIEW OF OPERATION OF LAWS
- PART 10.78 - PROVISIONS RELATING TO SCHEDULE 1 TO THE TREASURY LAWS AMENDMENT (DELIVERING BETTER FINANCIAL OUTCOMES AND OTHER MEASURES) ACT 2024
- Division 1 - Ongoing fee arrangements
- SECTION 1708 DEFINITIONS
- SECTION 1708A APPLICATION - NEW ONGOING FEE ARRANGEMENTS
- SECTION 1708B APPLICATION - EXISTING ONGOING FEE ARRANGEMENTS
- Division 2 - Conflicted remuneration
- SECTION 1708C BENEFITS GIVEN BY A RETAIL CLIENT
- SECTION 1708D BENEFITS FOR EMPLOYEES OF ADIs
- SCHEDULE 2 - INSOLVENCY PRACTICE SCHEDULE (CORPORATIONS)
- PART 1 - INTRODUCTION
- Division 1 - Introduction
- SECTION 1-1 OBJECT OF THIS SCHEDULE
- SECTION 1-5 SIMPLIFIED OUTLINE OF THIS SCHEDULE
- Division 5 - Definitions
- Subdivision A - Introduction
- SECTION 5-1 SIMPLIFIED OUTLINE OF THIS DIVISION
- Subdivision B - The Dictionary
- SECTION 5-5 THE DICTIONARY
- Subdivision C - Other definitions
- SECTION 5-10 MEANING OF CURRENT CONDITIONS
- SECTION 5-15 MEANING OF EXTERNAL ADMINISTRATION OF A COMPANY
- SECTION 5-20 MEANING OF EXTERNAL ADMINISTRATOR OF A COMPANY
- SECTION 5-25 REFERENCES TO THE EXTERNAL ADMINISTRATOR OF A COMPANY
- SECTION 5-26 PROPERTY OF A COMPANY
- SECTION 5-27 MEANING OF POOLED GROUP
- SECTION 5-30 PERSONS WITH A FINANCIAL INTEREST IN THE EXTERNAL ADMINISTRATION OF A COMPANY
- PART 2 - REGISTERING AND DISCIPLINING PRACTITIONERS
- Division 10 - Introduction
- SECTION 10-1 SIMPLIFIED OUTLINE OF THIS PART
- SECTION 10-5 WORKING COOPERATIVELY WITH THE INSPECTOR-GENERAL IN BANKRUPTCY
- Division 15 - Register of liquidators
- SECTION 15-1 REGISTER OF LIQUIDATORS
- Division 20 - Registering liquidators
- Subdivision A - Introduction
- SECTION 20-1 SIMPLIFIED OUTLINE OF THIS DIVISION
- Subdivision B - Registration
- SECTION 20-5 APPLICATION FOR REGISTRATION
- SECTION 20-10 ASIC MAY CONVENE A COMMITTEE TO CONSIDER
- SECTION 20-15 ASIC MUST REFER APPLICATIONS TO A COMMITTEE
- SECTION 20-20 COMMITTEE TO CONSIDER APPLICATIONS
- SECTION 20-25 COMMITTEE TO REPORT
- SECTION 20-30 REGISTRATION
- SECTION 20-35 CONDITIONS IMPOSED ON ALL REGISTERED LIQUIDATORS OR A CLASS OF REGISTERED LIQUIDATORS
- Subdivision C - Varying etc. conditions of registration
- SECTION 20-40 APPLICATION TO VARY ETC. CONDITIONS OF REGISTRATION
- SECTION 20-45 ASIC MAY CONVENE A COMMITTEE TO CONSIDER APPLICATIONS
- SECTION 20-50 ASIC MUST REFER APPLICATIONS TO A COMMITTEE
- SECTION 20-55 COMMITTEE TO CONSIDER APPLICATIONS
- SECTION 20-60 COMMITTEE TO REPORT
- SECTION 20-65 COMMITTEE ' S DECISION GIVEN EFFECT
- Subdivision D - Renewal
- SECTION 20-70 APPLICATION FOR RENEWAL
- SECTION 20-75 RENEWAL
- Subdivision E - Offences relating to registration
- SECTION 20-80 FALSE REPRESENTATION THAT A PERSON IS A REGISTERED LIQUIDATOR
- Division 25 - Insurance
- SECTION 25-1 REGISTERED LIQUIDATORS TO MAINTAIN INSURANCE
- Division 30 - Annual liquidator returns
- SECTION 30-1 ANNUAL LIQUIDATOR RETURNS
- Division 35 - Notice requirements
- SECTION 35-1 NOTICE OF SIGNIFICANT EVENTS
- SECTION 35-5 NOTICE OF OTHER EVENTS
- Division 40 - Disciplinary and other action
- Subdivision A - Introduction
- SECTION 40-1 SIMPLIFIED OUTLINE OF THIS DIVISION
- Subdivision B - Direction to comply
- SECTION 40-5 REGISTERED LIQUIDATOR TO REMEDY FAILURE TO LODGE DOCUMENTS OR GIVE INFORMATION OR DOCUMENTS
- SECTION 40-10 REGISTERED LIQUIDATOR TO CORRECT INACCURACIES ETC.
- SECTION 40-15 DIRECTION NOT TO ACCEPT FURTHER APPOINTMENTS
- Subdivision C - Automatic cancellation
- SECTION 40-20 AUTOMATIC CANCELLATION
- Subdivision D - ASIC may suspend or cancel registration
- SECTION 40-25 ASIC MAY SUSPEND REGISTRATION
- SECTION 40-30 ASIC MAY CANCEL REGISTRATION
- SECTION 40-35 NOTICE OF SUSPENSION OR CANCELLATION
- Subdivision E - Disciplinary action by committee
- SECTION 40-40 ASIC MAY GIVE A SHOW-CAUSE NOTICE
- SECTION 40-45 ASIC MAY CONVENE A COMMITTEE
- SECTION 40-50 ASIC MAY REFER MATTERS TO THE COMMITTEE
- SECTION 40-55 DECISION OF THE COMMITTEE
- SECTION 40-60 COMMITTEE TO REPORT
- SECTION 40-65 ASIC MUST GIVE EFFECT TO THE COMMITTEE ' S DECISION
- Subdivision F - Lifting or shortening suspension
- SECTION 40-70 APPLICATION TO LIFT OR SHORTEN SUSPENSION
- SECTION 40-75 ASIC MAY CONVENE A COMMITTEE TO CONSIDER APPLICATIONS
- SECTION 40-80 ASIC MUST REFER APPLICATIONS TO A COMMITTEE
- SECTION 40-85 COMMITTEE TO CONSIDER APPLICATIONS
- SECTION 40-90 COMMITTEE TO REPORT
- SECTION 40-95 COMMITTEE ' S DECISION GIVEN EFFECT
- Subdivision G - Action initiated by industry body
- SECTION 40-100 NOTICE BY INDUSTRY BODIES OF POSSIBLE GROUNDS FOR DISCIPLINARY ACTION
- SECTION 40-105 NO LIABILITY FOR NOTICE GIVEN IN GOOD FAITH ETC.
- SECTION 40-110 MEANING OF INDUSTRY BODIES
- Subdivision H - Consequences of certain disciplinary and other action
- SECTION 40-111 APPOINTMENT OF ANOTHER LIQUIDATOR IF LIQUIDATOR ' S REGISTRATION IS SUSPENDED OR CANCELLED
- Division 45 - Court oversight of registered liquidators
- SECTION 45-1 COURT MAY MAKE ORDERS IN RELATION TO REGISTERED LIQUIDATORS
- SECTION 45-5 COURT MAY MAKE ORDERS ABOUT COSTS
- Division 50 - Committees under this Part
- SECTION 50-1 SIMPLIFIED OUTLINE OF THIS DIVISION
- SECTION 50-5 PRESCRIBED BODY APPOINTING A PERSON TO A COMMITTEE
- SECTION 50-10 MINISTER APPOINTING A PERSON TO A COMMITTEE
- SECTION 50-15 SINGLE COMMITTEE MAY CONSIDER MORE THAN ONE MATTER
- SECTION 50-20 ONGOING CONSIDERATION OF MATTERS BY COMMITTEE
- SECTION 50-25 PROCEDURE AND OTHER RULES RELATING TO COMMITTEES
- SECTION 50-30 REMUNERATION OF COMMITTEE MEMBERS
- SECTION 50-35 COMMITTEE MUST ONLY USE INFORMATION ETC. FOR PURPOSES FOR WHICH DISCLOSED
- PART 3 - GENERAL RULES RELATING TO EXTERNAL ADMINISTRATIONS
- Division 55 - Introduction
- SECTION 55-1 SIMPLIFIED OUTLINE OF THIS PART
- Division 60 - Remuneration and other benefits received by external administrators
- Subdivision A - Introduction
- SECTION 60-1 SIMPLIFIED OUTLINE OF THIS DIVISION
- Subdivision B - Remuneration of external administrators - general rules
- SECTION 60-2 APPLICATION OF THIS SUBDIVISION
- SECTION 60-5 EXTERNAL ADMINISTRATOR ' S REMUNERATION
- SECTION 60-10 REMUNERATION DETERMINATIONS
- SECTION 60-11 REVIEW OF REMUNERATION DETERMINATIONS
- SECTION 60-12 MATTERS TO WHICH THE COURT MUST HAVE REGARD
- SECTION 60-15 MAXIMUM DEFAULT AMOUNT
- Subdivision C - Remuneration of provisional liquidators
- SECTION 60-16 REMUNERATION OF PROVISIONAL LIQUIDATORS
- Subdivision D - Remuneration of liquidators in winding up by ASIC
- SECTION 60-17 REMUNERATION OF LIQUIDATORS IN WINDING UP BY ASIC
- Subdivision DA - Remuneration of restructuring practitioners
- SECTION 60-18 INSOLVENCY PRACTICE RULES
- Subdivision E - Duties of external administrators relating to remuneration and benefits etc.
- SECTION 60-20 EXTERNAL ADMINISTRATOR MUST NOT DERIVE PROFIT OR ADVANTAGE FROM THE ADMINISTRATION OF THE COMPANY
- Division 65 - Funds handling
- SECTION 65-1 SIMPLIFIED OUTLINE OF THIS DIVISION
- SECTION 65-5 EXTERNAL ADMINISTRATOR MUST PAY ALL MONEY INTO AN ADMINISTRATION ACCOUNT
- SECTION 65-10 ADMINISTRATION ACCOUNTS
- SECTION 65-15 EXTERNAL ADMINISTRATOR MUST NOT PAY OTHER MONEY INTO THE ADMINISTRATION ACCOUNT
- SECTION 65-20 CONSEQUENCES FOR FAILURE TO PAY MONEY INTO ADMINISTRATION ACCOUNT
- SECTION 65-25 PAYING MONEY OUT OF ADMINISTRATION ACCOUNT
- SECTION 65-40 HANDLING SECURITIES
- SECTION 65-45 HANDLING OF MONEY AND SECURITIES - COURT DIRECTIONS
- SECTION 65-50 RULES IN RELATION TO CONSEQUENCES FOR FAILURE TO COMPLY WITH THIS DIVISION
- Division 70 - Information
- Subdivision A - Introduction
- SECTION 70-1 SIMPLIFIED OUTLINE OF THIS DIVISION
- Subdivision B - Administration returns
- SECTION 70-5 ANNUAL ADMINISTRATION RETURN
- SECTION 70-6 END OF ADMINISTRATION RETURN
- Subdivision C - Record-keeping
- SECTION 70-10 ADMINISTRATION BOOKS
- SECTION 70-15 AUDIT OF ADMINISTRATION BOOKS - ASIC
- SECTION 70-20 AUDIT OF ADMINISTRATION BOOKS - ON ORDER OF THE COURT
- SECTION 70-25 EXTERNAL ADMINISTRATOR TO COMPLY WITH AUDITOR REQUIREMENTS
- SECTION 70-30 TRANSFER OF BOOKS TO NEW ADMINISTRATOR
- SECTION 70-31 TRANSFER OF BOOKS TO ASIC ETC.
- SECTION 70-35 RETENTION AND DESTRUCTION OF BOOKS
- SECTION 70-36 BOOKS OF COMPANY IN EXTERNAL ADMINISTRATION - EVIDENCE
- Subdivision D - Giving information etc. to creditors and others
- SECTION 70-40 RIGHT OF CREDITORS TO REQUEST INFORMATION ETC. FROM EXTERNAL ADMINISTRATOR
- SECTION 70-45 RIGHT OF INDIVIDUAL CREDITOR TO REQUEST INFORMATION ETC. FROM EXTERNAL ADMINISTRATOR
- SECTION 70-46 RIGHT OF MEMBERS TO REQUEST INFORMATION ETC. FROM EXTERNAL ADMINISTRATOR IN A MEMBERS ' VOLUNTARY WINDING UP
- SECTION 70-47 RIGHT OF INDIVIDUAL MEMBER TO REQUEST INFORMATION ETC. FROM EXTERNAL ADMINISTRATOR IN A MEMBERS ' VOLUNTARY WINDING UP
- SECTION 70-50 REPORTING TO CREDITORS AND MEMBERS
- Subdivision E - Other requests for information etc.
- SECTION 70-55 COMMONWEALTH MAY REQUEST INFORMATION ETC.
- Subdivision F - Reporting to ASIC
- SECTION 70-60 INSOLVENCY PRACTICE RULES MAY PROVIDE FOR REPORTING TO ASIC
- Subdivision G - External administrator may be compelled to comply with requests for information etc.
- SECTION 70-65 APPLICATION OF THIS SUBDIVISION
- SECTION 70-70 ASIC MAY DIRECT EXTERNAL ADMINISTRATOR TO COMPLY WITH THE REQUEST FOR RELEVANT MATERIAL
- SECTION 70-75 ASIC MUST NOTIFY EXTERNAL ADMINISTRATOR BEFORE GIVING A DIRECTION UNDER SECTION 70-70
- SECTION 70-80 ASIC MUST NOT DIRECT EXTERNAL ADMINISTRATOR TO GIVE THE RELEVANT MATERIAL IF EXTERNAL ADMINISTRATOR ENTITLED NOT TO COMPLY WITH THE REQUEST
- SECTION 70-85 ASIC MAY IMPOSE CONDITIONS ON USE OF THE RELEVANT MATERIAL
- SECTION 70-90 COURT MAY ORDER RELEVANT MATERIAL TO BE GIVEN
- Division 75 - Meetings
- SECTION 75-1 SIMPLIFIED OUTLINE OF THIS DIVISION
- SECTION 75-5 OTHER OBLIGATIONS TO CONVENE MEETINGS NOT AFFECTED
- SECTION 75-10 EXTERNAL ADMINISTRATOR MAY CONVENE MEETINGS
- SECTION 75-15 EXTERNAL ADMINISTRATOR MUST CONVENE MEETING IN CERTAIN CIRCUMSTANCES
- SECTION 75-20 EXTERNAL ADMINISTRATOR MUST CONVENE MEETING IF REQUIRED BY ASIC
- SECTION 75-21 RESTRUCTURING AND RESTRUCTURING PLANS
- SECTION 75-25 EXTERNAL ADMINISTRATOR ' S REPRESENTATIVE AT MEETINGS
- SECTION 75-30 ASIC MAY ATTEND MEETINGS
- SECTION 75-35 COMMONWEALTH MAY ATTEND CERTAIN MEETINGS ETC.
- SECTION 75-40 PROPOSALS TO CREDITORS OR CONTRIBUTORIES WITHOUT MEETING
- SECTION 75-41 OUTCOME OF VOTING AT CREDITORS ' MEETING DETERMINED BY RELATED ENTITY - COURT POWERS
- SECTION 75-42 CREDITORS ' RESOLUTION PASSED BECAUSE OF CASTING VOTE - COURT REVIEW
- SECTION 75-43 PROPOSED CREDITORS ' RESOLUTION NOT PASSED BECAUSE OF CASTING VOTE - COURT ' S POWERS
- SECTION 75-44 INTERIM ORDER ON APPLICATION UNDER SECTION 75-41, 75-42 OR 75-43
- SECTION 75-45 ORDER UNDER SECTION 75-41 OR 75-42 DOES NOT AFFECT ACT ALREADY DONE PURSUANT TO RESOLUTION
- SECTION 75-50 RULES RELATING TO MEETINGS
- Division 80 - Committees of inspection
- SECTION 80-1 SIMPLIFIED OUTLINE OF THIS DIVISION
- SECTION 80-5 APPLICATION
- SECTION 80-10 COMMITTEE OF INSPECTION - COMPANY NOT A MEMBER OF A POOLED GROUP
- SECTION 80-15 APPOINTMENT AND REMOVAL OF MEMBERS OF COMMITTEE OF INSPECTION BY CREDITORS GENERALLY
- SECTION 80-20 APPOINTMENT OF COMMITTEE MEMBER BY LARGE CREDITOR
- SECTION 80-25 APPOINTMENT OF COMMITTEE MEMBER BY EMPLOYEES
- SECTION 80-26 COMMITTEE OF INSPECTION - POOLED GROUPS
- SECTION 80-27 EXTERNAL ADMINISTRATOR MUST CONVENE MEETING IN CERTAIN CIRCUMSTANCES
- SECTION 80-30 COMMITTEES OF INSPECTION - PROCEDURES ETC.
- SECTION 80-35 FUNCTIONS OF COMMITTEE OF INSPECTION
- SECTION 80-40 COMMITTEE OF INSPECTION MAY REQUEST INFORMATION ETC.
- SECTION 80-45 REPORTING TO COMMITTEE OF INSPECTION
- SECTION 80-50 COMMITTEE OF INSPECTION MAY OBTAIN SPECIALIST ADVICE OR ASSISTANCE
- SECTION 80-55 OBLIGATIONS OF MEMBERS OF COMMITTEE OF INSPECTION
- SECTION 80-60 OBLIGATIONS OF CREDITOR APPOINTING A MEMBER OF COMMITTEE OF INSPECTION
- SECTION 80-65 ASIC MAY ATTEND COMMITTEE MEETINGS
- SECTION 80-70 THE COURT MAY INQUIRE INTO CONDUCT OF THE COMMITTEE
- Division 85 - Directions by creditors
- SECTION 85-1 SIMPLIFIED OUTLINE OF THIS DIVISION
- SECTION 85-5 EXTERNAL ADMINISTRATOR TO HAVE REGARD TO DIRECTIONS GIVEN BY CREDITORS
- Division 90 - Review of the external administration of a company
- Subdivision A - Introduction
- SECTION 90-1 SIMPLIFIED OUTLINE OF THIS DIVISION
- Subdivision B - Court powers to inquire and make orders
- SECTION 90-5 COURT MAY INQUIRE ON OWN INITIATIVE
- SECTION 90-10 COURT MAY INQUIRE ON APPLICATION OF CREDITORS ETC.
- SECTION 90-15 COURT MAY MAKE ORDERS IN RELATION TO EXTERNAL ADMINISTRATION
- SECTION 90-20 APPLICATION FOR COURT ORDER
- SECTION 90-21 MEETINGS TO ASCERTAIN WISHES OF CREDITORS OR CONTRIBUTORIES
- Subdivision C - Review by another registered liquidator
- SECTION 90-22 APPLICATION OF THIS SUBDIVISION
- SECTION 90-23 APPOINTMENT OF REVIEWING LIQUIDATOR BY ASIC OR THE COURT
- SECTION 90-24 APPOINTMENT OF REVIEWING LIQUIDATOR BY CREDITORS ETC.
- SECTION 90-25 REVIEWING LIQUIDATOR MUST CONSENT TO APPOINTMENT
- SECTION 90-26 REVIEW
- SECTION 90-27 WHO PAYS FOR A REVIEW?
- SECTION 90-28 COURT ORDERS IN RELATION TO REVIEW
- SECTION 90-29 RULES ABOUT REVIEWS
- Subdivision D - Removal by creditors
- SECTION 90-30 APPLICATION OF THIS SUBDIVISION
- SECTION 90-35 REMOVAL BY CREDITORS
- PART 4 - OTHER MATTERS
- Division 95 - Introduction
- SECTION 95-1 SIMPLIFIED OUTLINE OF THIS PART
- Division 100 - Other matters
- SECTION 100-5 EXTERNAL ADMINISTRATOR MAY ASSIGN RIGHT TO SUE UNDER THIS ACT
- SECTION 100-6 APPROVED FORMS
- Division 105 - The Insolvency Practice Rules
- SECTION 105-1 THE INSOLVENCY PRACTICE RULES
- SCHEDULE 3 - PENALTIES
- SCHEDULE 4 - TRANSFER OF FINANCIAL INSTITUTIONS AND FRIENDLY SOCIETIES
- PART 1 - PRELIMINARY
- CLAUSE 1 - DEFINITIONS
- PART 2 - FINANCIAL INSTITUTIONS THAT BECAME COMPANIES
- Division 1 - Registration and its consequences
- CLAUSE 3 - BACKGROUND (REGISTRATION OF TRANSFERRING FINANCIAL INSTITUTION AS COMPANY)
- CLAUSE 4 - RULES APPLIED TO TRANSFERRING INSTITUTION THAT WAS REGISTERED AS A COMPANY UNDER THE TRANSFER PROVISIONS
- CLAUSE 11 - TRANSFERRING FINANCIAL INSTITUTION UNDER EXTERNAL ADMINISTRATION
- Division 2 - Membership
- CLAUSE 12 - INSTITUTION THAT BECAME A COMPANY LIMITED BY SHARES
- CLAUSE 13 - INSTITUTION THAT BECAME A COMPANY LIMITED BY GUARANTEE
- CLAUSE 14 - INSTITUTION BECOMING A COMPANY LIMITED BY SHARES AND GUARANTEE
- CLAUSE 15 - REDEEMABLE PREFERENCE SHARES THAT WERE WITHDRAWABLE SHARES
- CLAUSE 16 - LIABILITY OF MEMBERS ON WINDING UP
- Division 3 - Share capital
- CLAUSE 17 - SHARE CAPITAL
- CLAUSE 18 - APPLICATION OF NO PAR VALUE RULE
- CLAUSE 19 - CALLS ON PARTLY-PAID SHARES
- CLAUSE 20 - REFERENCES IN CONTRACTS AND OTHER DOCUMENTS TO PAR VALUE
- PART 4 - THE TRANSITION PERIOD
- CLAUSE 25 - ASIC MAY DIRECT DIRECTORS OF A COMPANY TO MODIFY ITS CONSTITUTION
- CLAUSE 27 - WHEN CERTAIN MODIFICATIONS OF A COMPANY ' S CONSTITUTION UNDER AN EXEMPTION OR DECLARATION TAKE EFFECT
- PART 5 - DISCLOSURE OF THE PROPOSED DEMUTUALISATION
- CLAUSE 29 - DISCLOSURE FOR PROPOSED DEMUTUALISATION
- CLAUSE 30 - ASIC ' S EXEMPTION POWER
- CLAUSE 31 - COVERAGE OF DISCLOSURE STATEMENT
- CLAUSE 32 - REGISTRATION OF DISCLOSURE STATEMENT
- CLAUSE 33 - EXPERT ' S REPORT
- CLAUSE 34 - UNCONSCIONABLE CONDUCT IN RELATION TO DEMUTUALISATIONS
- CLAUSE 35 - ORDERS THE COURT MAY MAKE
- PART 6 - CONTINUED APPLICATION OF FUNDRAISING PROVISIONS OF THE FRIENDLY SOCIETIES CODE
- CLAUSE 36 - FRIENDLY SOCIETIES CODE TO APPLY TO OFFERS OF INTERESTS IN BENEFIT FUNDS
- PART 7 - TRANSITIONAL PROVISIONS
- CLAUSE 37 - UNCLAIMED MONEY
- CLAUSE 38 - MODIFICATION BY REGULATIONS
- CLAUSE 39 - REGULATIONS MAY DEAL WITH TRANSITIONAL, SAVING OR APPLICATION MATTERS
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