National Consumer Credit Protection Act 2009

CHAPTER 6 - COMPLIANCE AND ENFORCEMENT  

PART 6-7A - PRODUCT INTERVENTION ORDERS  

Division 2 - Product intervention orders  

SECTION 301F   ASIC TO CONSULT BEFORE MAKING PRODUCT INTERVENTION ORDERS  

301F(1)    
ASIC must not make a product intervention order unless ASIC has:

(a) consulted persons who are reasonably likely to be affected by the proposed order; and

(b) if the proposed order will apply to a body that is regulated by APRA - consulted APRA; and

(c) complied with any other requirements as to consultation prescribed by regulations made for the purposes of this paragraph.

301F(2)    
Without limiting paragraph (1)(a), ASIC is taken to comply with that paragraph if ASIC, on its website:

(a) makes the proposed order, or a description of the content of the proposed order, available; and

(b) invites the public to comment on the proposed order.

301F(3)    
A failure to comply with subsection (1) does not invalidate a product intervention order.

301F(4)    
Section 17 of the Legislation Act 2003 (rule-makers should consult before making legislative instruments) does not apply to the making of a product intervention order.