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 7.2A - SUPERVISION OF FINANCIAL MARKETS  

SECTION 798M   EXEMPTIONS BY ASIC  

798M(1)    

ASIC may exempt a particular financial market, or class of financial markets, from all or specified provisions of this Part. An exemption may be unconditional, or subject to conditions specified in the exemption.

Note: The provisions of this Part include regulations made for the purposes of this Part (see section 761H ).

798M(2)    

ASIC may, at any time:

(a)    vary an exemption to:

(i) impose conditions, or additional conditions, on the exemption; or

(ii) vary or revoke any of the conditions on the exemption; or

(b)    revoke an exemption.

798M(3)    

However, ASIC may only take action under subsection (2) after:

(a)    giving notice, and an opportunity to make submissions on the proposed action, to the operator of each financial market known by ASIC to be covered by the exemption; and

(b)    if the exemption covers a class of financial markets - a notice has been published on ASIC ' s website allowing a reasonable period within which the operator of each financial market covered by the exemption may make submissions on the proposed action, and that period has ended.

798M(4)    
If an exemption is expressed to apply in relation to a class of financial markets (whether or not it is also expressed to apply in relation to one or more financial markets otherwise than by reference to membership of a class), then the exemption, and any variation or revocation of the exemption, is a legislative instrument.

798M(5)    

If subsection (4) does not apply to an exemption, then the exemption, and any variation or revocation of the exemption, must be in writing and ASIC must publish notice of it on ASIC ' s website.