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 7.3 - LICENSING OF CLEARING AND SETTLEMENT FACILITIES  

Division 2 - Regulation of CS facility licensees  

Subdivision C - Powers of ASIC and the Reserve Bank in relation to licensees  

SECTION 823A   ASIC ' S POWER TO GIVE DIRECTIONS  

823A(1)    

If ASIC considers that a CS facility licensee is not complying or is not likely to comply with its obligations as a CS facility licensee under this Chapter (other than its obligations under paragraph 821A(1)(aa) , section 821BA or subsection 821C(3) ), ASIC may give the licensee a written direction:

(a)    to do specified things that ASIC believes will promote compliance by the licensee with those obligations; or

(b)    to refrain from doing specified things, if ASIC believes that refraining from doing those things will promote compliance by the licensee with those obligations.

823A(2)    
The licensee must comply with the direction.

823A(3)    
If the licensee fails to comply with the direction, ASIC may apply to the Court for, and the Court may make, an order that the licensee comply with the direction.

823A(4)    

ASIC may vary or revoke a direction at any time by giving written notice to the licensee.

823A(5)    

If, at any time after the licensee receives a direction, the licensee requests in writing that ASIC refer the matter to the Minister, ASIC must do so immediately.

823A(6)    

The Minister may, if the Minister considers it appropriate after being referred the matter, direct ASIC to vary or revoke the direction.

823A(7)    

ASIC must immediately comply with the direction under subsection (6) .

823A(8)    

A direction under subsection (6) is not a legislative instrument.