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 7.5A - REGULATION OF DERIVATIVE TRANSACTIONS AND DERIVATIVE TRADE REPOSITORIES  

Division 5 - Regulation of licensed derivative trade repositories: other obligations and powers  

Subdivision B - Powers of Minister and ASIC to give directions etc.  

SECTION 904J   ASIC MAY ASSESS LICENSEE ' S COMPLIANCE  

904J(1)    
ASIC may do an assessment of how well a derivative trade repository licensee is complying with any or all of its obligations as a derivative trade repository licensee under this Part. In doing the assessment, ASIC may take account of any information and reports that it thinks appropriate.

904J(2)    

As soon as practicable after doing an assessment under this section, ASIC must give a written report on the assessment to the licensee.

904J(3)    
If an assessment, or part of an assessment, relates to any other person ' s affairs to a material extent, ASIC may, at the person ' s request or on its own initiative, give the person a copy of the report on the assessment or the relevant part of the report.

904J(4)    
If an assessment, or part of an assessment, relates to a serious contravention of a law of the Commonwealth or of a State or Territory, ASIC may give a copy of the report on the assessment, or the relevant part of the report, to:

(a)    the Australian Federal Police; or

(b)    the Chief Executive Officer of the Australian Crime Commission or a member of the staff of the ACC (within the meaning of the Australian Crime Commission Act 2002 ); or

(c)    the Director of Public Prosecutions; or

(d)    a person or body prescribed by the regulations for the purpose of this paragraph.

904J(5)    
The written report on an assessment, or part of the report, may be published in any way that ASIC thinks appropriate.

904J(6)    
A report on an assessment is not a legislative instrument.