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 7.10B - FINANCIAL SERVICES COMPENSATION SCHEME OF LAST RESORT  

Division 5 - Regulating the CSLR operator  

SECTION 1069L   GENERAL DIRECTIONS TO CSLR OPERATOR  

Notice of intention to issue a direction

1069L(1)    
If ASIC considers that the CSLR operator has not done all things reasonably practicable to ensure compliance with:

(a)    the mandatory requirements for the CSLR operator under section 1062 ; or

(b)    a condition of the authorisation of the CSLR operator imposed by the Minister (see paragraph 1060(4)(b) ); or

(c)    regulatory requirements issued under section 1069K ;

ASIC may give the CSLR operator written notice that it intends to give the CSLR operator a specified direction under this section.

1069L(2)    
The notice must set out:

(a)    the specific measures that the direction will require the CSLR operator to take to comply with the requirements or condition; and

(b)    the reasons for ASIC ' s intention to give the direction.

Issuing a direction

1069L(3)    
If, after receiving the notice:

(a)    the CSLR operator does not take those specific measures; and

(b)    ASIC still considers that it is appropriate to give the direction to the CSLR operator;

ASIC may give the CSLR operator the direction, in writing, with a statement setting out the reasons for giving the direction.

1069L(4)    
The direction must deal with the time by which, or the period during which, it is to be complied with. The time or period must be reasonable.

1069L(5)    
A direction made under this section is not a legislative instrument.

Compliance

1069L(6)    
The CSLR operator must comply with a direction made under this section.

Note: Failure to comply with this subsection is an offence (see subsection 1311(1) ).

1069L(7)    
If the CSLR operator fails to comply with the direction, ASIC may apply to the Court for, and the Court may make, an order that the CSLR operator comply with the direction.

Varying or revoking a direction

1069L(8)    
ASIC may vary a direction made under this section by giving written notice to the CSLR operator.

1069L(9)    
The direction has effect until ASIC revokes it by giving written notice to the CSLR operator.

1069L(10)    
ASIC may revoke the direction, by giving written notice to the CSLR operator, if, at the time of revocation, ASIC considers that the direction is no longer necessary or appropriate.