Corporations Act 2001
Note: This Chapter applies to a CCIV in a modified form: see Division 4 of Part 8B.7 .
CCH note - modifying legislative instruments: The application of Pt 7.8 is affected by the following legislative instruments that commenced or were amended on or after 1 January 2022: the ASIC Corporations (Investor Directed Portfolio Services) Instrument 2023/669 (Div 8 only) (as amended by ASIC Corporations (Amendment) Instrument 2024/554).
For legislative instruments or class orders before 1 January 2022 that affect the application of Pt 7.8, please consult the legislative instruments or class orders directly. These are reproduced in the regulatory-resources section of the company-law practice area in CCH iKnowConnect.
CCH Note: Division 9 is modified by the ASIC Corporations (Incidental Retail Cover) Instrument 2022/716.
CCH Note: Section 993D is modified by the ASIC Corporations (Incidental Retail Cover) Instrument 2022/716.
Failing to pay loan money into account as required
993D(1)
A financial services licensee contravenes this subsection if: (a) the licensee is required by subsection 982B(1) to pay particular money into an account in accordance with that subsection; and (b) the licensee does not pay the money into an account in accordance with that subsection.
Fault-based offence
993D(2)
A person commits an offence if the person contravenes subsection (1).
Strict liability offence
993D(3)
A person commits an offence of strict liability if the person contravenes subsection (1).
Civil liability
993D(4)
A person contravenes this subsection if the person contravenes subsection (1).
Note: This subsection is a civil penalty provision (see section 1317E ).
[ CCH Note: The next section is s 1010A.]
This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.