Corporations Act 2001
Note: This Chapter applies to a CCIV in a modified form: see Division 4 of Part 8B.7 .
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CCH Note:
No 13 of 2018, Sch 1[31] contains the following Application of amendments (effective 6 March 2018):
31 Application of amendments
]
(1)
The amendments made by this Part apply on and after the day on which the first authorisation of an external dispute resolution scheme, under Part
7.10A
of the
Corporations Act 2001
as amended by Part 1 of this Schedule, comes into force.
(2)
Without limiting subitem (1), the amendments made by items 13, 14 and 29 apply in relation to disclosures of information made on and after the day on which that authorisation comes into force, whether the information was acquired before, on or after that day.
AFCA may request ASIC to approve a material change to the AFCA scheme.
Note: A material change must not be made to the scheme without ASIC ' s approval (see paragraph 1051(5)(b) ).
1052D(2)
ASIC may, by written notice given to AFCA, approve the change.
1052D(3)
In considering whether to approve the change, ASIC must take into account the following in relation to the scheme as it is proposed to be changed:
(a) the mandatory requirements for the scheme under section 1051 ;
(b) the general considerations for the scheme under section 1051A ;
(c) any conditions imposed by the Minister on the authorisation of the scheme under paragraph 1050(5)(b) ;
(d) any regulatory requirements issued under section 1052A .
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