Corporations Act 2001

CHAPTER 9 - MISCELLANEOUS  

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

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).