Corporate Law Economic Reform Program (Audit Reform and Corporate Disclosure) Act 2004 (103 of 2004)
Schedule 9 Officers, senior managers and employees
Australian Securities and Investments Commission Act 2001
31 Subsection 448C(3)
Repeal the subsection, substitute:
(3) For the purposes of this section, a person is taken to be a director, secretary, senior manager, employee or auditor of a company if:
(a) the person is or has, within the last 2 years, been a director, secretary, senior manager, employee, auditor or promoter of the company or a related body corporate; and
(b) ASIC has not directed that the person not be taken to be a director, secretary, senior manager, employee or auditor for the purposes of this section.
ASIC may give a direction under paragraph (b) only if it thinks fit in the circumstances of the case.