Corporations Act 2001

CHAPTER 7 - FINANCIAL SERVICES AND MARKETS  

Note: This Chapter applies to a CCIV in a modified form: see Division 4 of Part 8B.7 .

PART 7.2 - LICENSING OF FINANCIAL MARKETS  

Division 5 - Other matters  

SECTION 798E   OTHER POTENTIAL CONFLICT SITUATIONS  

798E(1)    

The regulations may make provision in relation to the rules and procedures that are to apply in the case of conflicts, or potential conflicts, between the commercial interests of the licensee and the need for the licensee to ensure that the market operates in the way mentioned in paragraph 792A(1)(a) .

798E(2)    
In particular, such regulations may deal with the following:

(a) identifying when such a conflict, or potential conflict, is taken to arise;

(b) empowering ASIC, instead of the licensee, to make decisions and to take action under the market ' s operating rules in relation to such a conflict or potential conflict;

(c) empowering ASIC to require the licensee to take action under the market ' s operating rules (whether or not on ASIC ' s behalf) in relation to such a conflict or potential conflict.

Note: For fees in respect of ASIC performing this function, see Part 9.10 .

798E(3)    
Subsection (2) does not limit the generality of subsection (1).