THE CORPORATIONS LAW

CHAPTER 8 - THE FUTURES INDUSTRY

PART 8.3 - PARTICIPANTS IN THE FUTURES INDUSTRY

Division 5 - Excluding persons from the futures industry

SECTION 1198   EFFECT AND PUBLICATION OF ORDERS UNDER THIS DIVISION  

View history reference

1198(1)  [When order takes effect]  

An order by the Commission under this Division takes effect when served on the person to whom the order relates.

1198(2)  [Publication in Gazette]  

As soon as practicable on or after the day on which an order by the Commission under this Division takes effect, the Commission shall publish in the Gazette a notice that sets out a copy of:

(a)  if the order is made under section 1189A, 1190, 1191, 1192 or 1194 or revokes a banning order - the first-mentioned order; or

(b)  if the order varies a banning order - the banning order as in force immediately after the first-mentioned order takes effect;

and states that the first-mentioned order, or the banning order as so in force, as the case may be, took effect on that day.

 View history note

1198(3)  [Circumstances where summary allowed]  

Where:

(a)  but for this subsection, subsection (2) would require publication of a notice setting out a copy of a banning order as in force at a particular time;

(b)  the banning order as so in force includes a provision that permits a person as mentioned in subsection 1195(1); and

(c)  in the Commission's opinion, the notice would be unreasonably long if it set out a copy of the whole of that provision;

the notice may, instead of setting out a copy of that provision, set out a summary of the provision's effect.

 

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