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 7.3A - CS SERVICES  

Division 2 - Regulation of CS services: CS services rules  

Subdivision A - Power to make CS services rules  

SECTION 828A   CS SERVICES RULES  

828A(1)    
ASIC may, by legislative instrument, make rules (the CS services rules ) that deal with the following:

(a)    the activities, conduct or governance of CS facility licensees, and associated entities of CS facility licensees, in relation to CS services;

(b)    if regulations made for the purposes of this paragraph specify other persons - the activities, conduct or governance of those persons in relation to CS services;

(c)    matters that are incidental to the matters mentioned in paragraphs (a) and (b) .

828A(2)    
Without limiting the scope of subsection (1) , the rules may deal with the following:

(a)    the specification of persons who are required to comply with requirements imposed by the rules;

(b)    for the purposes of subsection 822A(1) - matters with which the operating rules of a licensed CS facility must deal, in relation to CS services;

(c)    for the purposes of subsection 822A(2) - matters in respect of which a licensed CS facility must have written procedures, in relation to CS services;

(d)    for the purposes of subsection 822E(4) - matters to which the Minister must have regard, as mentioned in that subsection, in relation to CS services.

828A(3)    
For the purposes of this section, governance of a person may be in relation to CS services even if there only an indirect relationship between the governance and CS services.

828A(4)    
Despite subsection (1) , the rules cannot provide for matters in relation to a clearing and settlement facility that is exempt from the operation of Part 7.3 because of an exemption under section 820C .