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 D - Reserve Bank ' s directions powers  

SECTION 823H   RESERVE BANK ' S DIRECTIONS POWER - DIRECTIONS TO GIVE INFORMATION TO ASSIST THE RESERVE BANK PERFORM ITS FUNCTIONS  

823H(1)    
The Reserve Bank may, by written notice given to a body corporate to which subsection (2) or (3) applies, direct the body corporate to give:

(a)    specified information; or

(b)    documents containing specified information;

to the Reserve Bank or a Reserve Bank staff member.

823H(2)    
This subsection applies to a body corporate if:

(a)    the body corporate is a CS facility licensee; and

(b)    the Reserve Bank reasonably believes that the licensee possesses the information or documents; and

(c)    the Reserve Bank reasonably believes that the information or documents could assist the Reserve Bank to perform its functions, or exercise its powers, under this Part.

823H(3)    
This subsection applies to a body corporate if:

(a)    the body corporate:

(i) is a related body corporate of a CS facility licensee; and

(ii) is incorporated in Australia; and

(b)    the Reserve Bank reasonably believes that the body corporate possesses the information or documents; and

(c)    the Reserve Bank reasonably believes that the information or documents could assist the Reserve Bank to perform its functions, or exercise its powers:

(i) under section 823CA in relation to the body corporate or the licensee; or

(ii) under section 827DB (resolution planning) in relation to the licensee.

823H(4)    
The direction:

(a)    must specify a reasonable time by which, or a reasonable period during which, it is to be complied with; and

(b)    may specify the form and manner in which the information or documents must be given.

823H(5)    
The body corporate must comply with the direction.

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