Corporations Act 2001
Note: This Chapter applies to a CCIV in a modified form: see Division 4 of Part 8B.7 .
View history note
Hide history noteCCH note - modifying legislative instruments: The application of Pt 7.12 is affected by the following legislative instruments that commenced or were amended on or after 1 January 2022: the ASIC Corporations (IPH Limited Employee Share Scheme Disclosure) Instrument 2024/293; and the ASIC Corporations (L ' Or é al SA Employee Share Scheme Disclosure) Instrument 2024/296.
For legislative instruments or class orders before 1 January 2022 that affect the application of Pt 7.12, 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: S 1100A heading will be amended by No 69 of 2020, s 3, Sch 1[1187], by inserting " OR THE REGISTRAR " after " ASIC " , (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
A person has qualified privilege in respect of the giving of any information to ASIC that the person: (a) is required to give under this Chapter or regulations made for the purposes of this Chapter; or (b) gives in relation to a contravention or suspected contravention of subsection 798H(1) (complying with market integrity rules), 908CF(1) (complying with rules about financial benchmarks) or 981M(1) (complying with client money reporting rules).
[ CCH Note: S 1100A(1) will be amended by No 69 of 2020, s 3, Sch 1[1188], by inserting " or the Registrar " after " information to ASIC " , (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
1100A(2)
A person or body that is: (a) a market licensee; or (b) a CS facility licensee; or (c) a person acting under an arrangement to operate a licensed market or supervise a licensed CS facility; or (d) a foreign person or body responsible for the supervision of the operation in a foreign country of a financial market or clearing and settlement facility; or (e) a benchmark administrator licensee;
also has qualified privilege in respect of the giving of any information to ASIC in connection with the performance or exercise of ASIC ' s functions or powers under, or in relation to, this Chapter or regulations made for the purposes of this Chapter.
[ CCH Note: S 1100A(2) will be amended by No 69 of 2020, s 3, Sch 1[1188] and [ 1189], by inserting " or the Registrar " after " information to ASIC " and " or the Registrar ' s " after " ASIC ' s " , (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
1100A(3)
A person or body that has qualified privilege under subsection (1) or (2) in respect of conduct is also not liable for any action based on breach of confidence in relation to that conduct.
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