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 3 - The Australian CS facility licence  

Subdivision C - When a licence can be varied, suspended or cancelled  

SECTION 826C   SUSPENSION OR CANCELLATION FOLLOWING HEARING AND REPORT  

826C(1)    

If ASIC considers that a CS facility licensee has breached one or more of its obligations as a CS facility licensee under this Chapter, ASIC may give the licensee a written notice that requires the licensee to show cause, at a hearing before a specified person, why the licence should not be suspended or cancelled.

826C(2)    
The notice must specify:

(a)    the grounds on which it is proposed to suspend or cancel the licence; and

(b)    a reasonable time and place at which the hearing is to be held.

However, if the licensee consents, the person conducting the hearing may fix a different time or place.

826C(3)    
The person conducting the hearing must:

(a)    give the licensee an opportunity to be heard at the hearing; and

(b)    

give ASIC:

(i) a report about the hearing; and

(ii) a recommendation about the grounds in the notice on which it is proposed to suspend or cancel the licence.

826C(4)    

After considering the report and recommendation, ASIC may:

(a)    decide to take no further action in relation to the matter and give written advice of that decision to the licensee; or

(b)    suspend the licence for a specified period, or cancel the licence, by giving written notice to the licensee.

Note: ASIC must have regard to the matters in section 827A .