Corporations Act 2001

CHAPTER 9 - MISCELLANEOUS  

PART 9.4A - REVIEW BY ADMINISTRATIVE REVIEW TRIBUNAL OF CERTAIN DECISIONS  

SECTION 1317A  

1317A   DEFINITIONS  

In this Part:

decision
has the same meaning as in the Administrative Review Tribunal Act 2024 .

SECTION 1317B   APPLICATIONS FOR REVIEW  

1317B(1)    
Subject to this Part, applications may be made to the Tribunal for review of a decision made under this Act by:

(a)    the Minister; or

(b)    ASIC; or

(ba)    

the Reserve Bank; or

(c)    

the Companies Auditors Disciplinary Board; or

(d)    

a committee convened under Part 2 of Schedule 2 .

1317B(1A)    

Subject to this Part, applications may also be made to the Tribunal for review of a decision made by the Registrar under the data standards or disclosure framework.

1317B(2)    

For the purposes of this Act and the Administrative Review Tribunal Act 2024 , ASIC and APRA are taken to be persons whose interests are affected by a decision made under this Act by the Companies Auditors Disciplinary Board.

SECTION 1317C  

1317C   EXCLUDED DECISIONS  
Section 1317B does not apply in relation to:

(a)    a decision in respect of which any provision in the nature of an appeal or review is expressly provided by this Act; or

(b)    a decision that is declared by this Act to be conclusive or final or is embodied in a document declared by this Act to be conclusive evidence of an act, matter or thing; or

(c) a decision by ASIC under subsection 9D(2) to declare a financial market; or

(ca)    

a decision of ASIC to order the winding up of a company under section 489EA ; or

(d)    a decision made by ASIC in the performance of a function, or in the exercise of a power, under section 601CC or 601CL or Chapter 5A ; or

(e)    a decision by ASIC to refuse to exercise a power under section 601CC or 601CL or Chapter 5A ; or

(f)    a decision to apply under section 596A or 596B for the Court to summon a person for examination about a corporation ' s examinable affairs; or

(g)    a decision to apply under section 597A for the Court to require a person to file an affidavit about a corporation ' s examinable affairs; or

(ga)    a decision of ASIC under section 655A ; or

(gb)    a decision of ASIC under section 673 in relation to securities of the target of a takeover bid during the bid period; or

(gc)    a decision by ASIC whether to make an application under section 657C , 657G , 659B , 1325A , 1325B or 1325C ; or

(gcaa)    

a decision by ASIC to declare under subsection 791D(2) that a financial market has a material connection with this jurisdiction; or

(gcab)    

a decision by ASIC under subsection 791E(4) to determine connections, matters or principles; or

(gcac)    

a decision by the Minister under subsection 791F(1) to consent to the making of a determination; or

(gcad)    

a decision by ASIC:

(i) to give a direction under subsection 794AA(1) ; or

(ii) to vary a direction under subsection 794AB(1) ; or

(iii) to revoke a direction under subsection 794AB(2) ; or

(gcae)    

a decision by the Minister under subsection 794DA(2) to direct ASIC to vary or revoke a direction given under subsection 794D(1) ; or

(gca)    

a decision by ASIC to make market integrity rules under section 798G ; or

(gcb)    

a decision by the Minister to:

(i) consent to the making of a market integrity rule; or

(ii) direct ASIC to revoke or amend a market integrity rule; or

(gcba)    

a decision by ASIC:

(i) to give a direction under subsection 798JB(1) ; or

(ii) to vary a direction under subsection 798JC(1) ; or

(iii) to revoke a direction under subsection 798JC(2) ; or

(gcc)    

a decision by ASIC to do or not do anything under regulations made for the purposes of section 798K (alternatives to civil proceedings); or

(gcca)    

a decision by ASIC to declare under subsection 820D(2) that a clearing and settlement facility has a material connection with this jurisdiction; or

(gccb)    

a decision by ASIC to make a determination under subsection 820F(3) ; or

(gccc)    

a decision by the Minister under subsection 820G(1) or (2) to consent to the making of a determination; or

(gccd)    

a decision by the Minister under subsection 823DA(2) to direct ASIC to vary or revoke a direction given under subsection 823D(1) ; or

(gcce)    

a decision by the Reserve Bank to give a direction under section 823F (directions to preserve stability in the Australian financial system); or

(gccf)    

a decision by the Minister to grant a CS facility license under subsection 824B(3) ; or

(gccg)    

a decision by ASIC:

(i) under section 826H to make CS facility rules; or

(ii) under subsection 826R(1) to vary or revoke CS facility rules; or

(gcch)    

a decision by ASIC to do or not do anything under regulations made for the purposes of section 826L (alternatives to civil proceedings); or

(gcci)    

a decision by the Minister:

(i) under subsection 826N(1) to consent to the making of a CS facility rule; or

(ii) under subsection 826K(3) , 826P(3) or 826Q(3) to direct ASIC to vary or revoke a CS facility rule; or

(gccj)    

a decision of the Reserve Bank to determine standards under section 827DA , or to vary or revoke such a standard; or

(gcd)    

a decision by ASIC to:

(i) make CS services rules; or

(ii) give a direction under subsection 828G(1) ; or

(gce)    

a decision by the Minister to:

(i) make a determination under subsection 828B(2) ; or

(ii) consent under subsection 828K(1) to the making of CS services rules; or

(iii) make directions under paragraph 828L(2)(b) ; or

(gcf)    

a decision under Part 7.3B ; or

(gd)    

a decision of the Minister under Division 1 of Part 7.4 ; or

(gdaa)    

a decision by ASIC under subsection 850A(3) to declare a body corporate; or

(gda)    

a decision by the Minister:

(i) to make a determination under section 901B , or to amend or revoke such a determination; or

(ii) to consent, under section 901K or 903H , to the making of a derivative transaction rule or a derivative trade repository rule, or to consent to the variation or revocation of such a rule; or

(iii) to direct ASIC, under section 901L or 903J , to amend or revoke a derivative transaction rule or a derivative trade repository rule; or

(gdb)    

a decision by ASIC to make derivative transaction rules or derivative trade repository rules under section 901A or 903A , or to vary or revoke such rules; or

(gdc)    

a decision by ASIC to do or not do anything under regulations made for the purpose of section 901F or 903E ; or

(gdcaa)    

a decision by the Minister under subsection 904GA(2) to direct ASIC to vary or revoke a direction given under subsection 904G(1) ; or

(gdca)    

a decision by ASIC under subsection 915B(1B) , (2B) , (3B) or (4B) (immediate cancellation of an Australian financial services licence); or

(gdd)    

a decision by ASIC to make client money reporting rules under section 981J ; or

(gde)    

a decision by ASIC to do or not do anything under regulations made for the purposes of section 981N (alternatives to civil proceedings for contraventions of client money reporting rules); or

(gdf)    

a decision by ASIC to make a declaration under subsection 908AC(2) , or to vary or revoke such a declaration (about significant financial benchmarks); or

(gdg)    

a decision by the Minister under:

(i) subsection 908AC(4) to consent to the making of a declaration under subsection 908AC(2) ; or

(ii) subsection 908AD(3) to direct ASIC to revoke a declaration made under subsection 908AC(2) ; or

(gdh)    

a decision of the Minister under subsection 908BU(2) to disallow a direction or notice given by ASIC under section 908BT (about compliance directions or notices given to benchmark administrator licensees); or

(gdi)    

a decision by ASIC to make rules under Division 3 of Part 7.5B , or to vary or revoke such rules; or

(gdj)    

a decision by ASIC to do or not do anything under regulations made for the purposes of subsection 908CG(1) (alternatives to civil proceedings for contraventions of rules about financial benchmarks); or

(gdk)    

a decision by the Minister:

(i) under subsection 908CM(2) to consent to the making of rules under Division 3 of Part 7.5B ; or

(ii) under subsection 908CN(3) to direct ASIC to vary or revoke rules made under Division 3 of Part 7.5B ; or

(gdl)    

a decision by ASIC to require something, by giving written notice, under the compelled financial benchmark rules; or

(gdm)    

any of the following decisions by ASIC:

(i) a decision under subsection 1023D(3) (which relates to making product intervention orders);

(ii) a decision under subsection 1023H(1) (which relates to extensions of product intervention orders);

(iii) a decision under section 1023J (which relates to amendments of product intervention orders) that, under subsection 1023J(6) , must be by legislative instrument;

(iv) a decision under section 1023K (which relates to revocation of product intervention orders) that, under subsection 1023K(4) , must be by legislative instrument; or

(ge)    

a decision of ASIC under section 1101A or 1101AA ; or

(gf)    

a decision of ASIC:

(i) to give an infringement notice under section 1317DAM ; or

(ii) to extend, or to refuse to extend, the payment period for an infringement notice under section 1317DAR ; or

(iii) to make an arrangement, or to refuse to make an arrangement, to pay the amount payable under an infringement notice by instalments under section 1317DAS ; or

(iv) to withdraw, or not to withdraw, an infringement notice under section 1317DAT ; or

(gg)    

a decision by the Registrar to make, amend or repeal data standards under section 1270G ; or

(gh)    

a decision by the Registrar to make, amend or repeal the disclosure framework under section 1270K ; or

(h)    a decision to make a determination under subsection 1317D(3) ; or

(i)    

a decision of ASIC to issue an infringement notice under section 1317DAC ; or

(j)    

a decision of ASIC to withdraw, or not to withdraw, an infringement notice under section 1317DAI ; or

(k)    

a decision of ASIC under section 40-5 of Schedule 2 (which deals with directing liquidators to comply with requirements to lodge documents etc.); or

(l)    

a decision of ASIC under section 40-10 of Schedule 2 (which deals with directing liquidators to correct inaccuracies etc.); or

(m)    

a decision of ASIC under section 40-100 of Schedule 2 to take no action in relation to matters raised by an industry notice lodged under that section (notice by industry bodies of possible grounds for disciplinary action); or

(n)    

a decision of ASIC to give a direction under section 70-70 of Schedule 2 (which deals with directing external administrators to comply with requests for information etc.); or

(o)    

a decision of ASIC under section 70-85 of Schedule 2 (a decision to impose a condition on the use or disclosure of relevant material).

SECTION 1317D   NOTICE OF REVIEWABLE DECISION AND REVIEW RIGHTS  

1317D(1)    
This section applies if the Minister, ASIC, the Companies Auditors Disciplinary Board or a committee convened under Part 2 of Schedule 2 (the decision maker ) makes a decision to which section 1317B applies.

1317D(2)    
Subject to subsection (3) , the decision maker must take such steps as are reasonable in the circumstances to give to each person whose interests are affected by the decision notice, in writing or otherwise:

(a)    of the making of the decision; and

(b)    of the person ' s right to have the decision reviewed by the Tribunal.

1317D(3)    
Subsection (2) does not require the decision maker to give notice to a person affected by the decision or to the persons in a class of persons affected by the decision, if the decision maker determines that giving notice to the person or persons is not warranted, having regard to:

(a)    the cost of giving notice to the person or persons; and

(b)    the way in which the interests of the person or persons are affected by the decision.

1317D(4)    
A failure to comply with this section does not affect the validity of the decision.

1317D(5)    

The fact that a person has not been given notice of the decision because of a determination under subsection (3) constitutes special circumstances for the purposes of subsection 20(2) of the Administrative Review Tribunal Act 2024 .

1317D(6)    

To avoid doubt, this section, instead of section 266 of the Administrative Review Tribunal Act 2024 , applies to the requirement to give notice of the making of a decision to which section 1317B of this Act applies.