Corporations Act 2001

CHAPTER 5D - LICENSED TRUSTEE COMPANIES  

PART 5D.5 - LIMIT ON CONTROL OF LICENSED TRUSTEE COMPANIES AND PROPOSED LICENSED TRUSTEE COMPANIES  

Division 2 - Approval to exceed 15 % voting power limit  

SECTION 601VBD   CONDITIONS OF APPROVAL  

601VBD(1)    
An approval under section 601VBB is subject to such conditions (if any) as are specified in the notice of approval.

601VBD(2)    
The Minister may, by written notice given to a person who holds an approval under section 601VBB :

(a)    impose one or more conditions or further conditions to which the approval is subject; or

(b)    revoke or vary any condition:

(i) imposed under paragraph (a); or

(ii) specified in the notice of approval.

601VBD(3)    
The Minister ' s power under subsection (2) may be exercised:

(a)    on the Minister ' s own initiative; or

(b)    on application by the person who holds the approval.

601VBD(4)    
An application made by a person under paragraph (3)(b) must be lodged with ASIC and must set out the person ' s reasons for making the application.

Note: For fees in respect of lodging applications, see Part 9.10 .

601VBD(5)    
ASIC must give the application to the Minister as soon as possible.

601VBD(6)    
If the Minister refuses an application under paragraph (3)(b) , the Minister must give written notice of the refusal to the applicant.

601VBD(7)    
As soon as practicable, the Minister must arrange for a copy of a notice under subsection (2) to be:

(a)    published in the Gazette ; and

(b)    

given to the company concerned.

601VBD(8)    
A person who holds an approval under section 601VBB must give written notice to ASIC as soon as practicable after they become aware that they have breached a condition to which the approval is subject.

Note: Failure to comply with this subsection is an offence (see subsection 1311(1) ).