Financial Sector Reform (Hayne Royal Commission Response - Better Advice) Act 2021 (115 of 2021)
Schedule 1 Initial amendments
Part 1 Main amendments
Corporations Act 2001
34 Subsection 920A(3)
Repeal the subsection, substitute:
(3) ASIC may make a banning order against a person without giving the person the opportunities mentioned in subsection (2) if:
(a) either:
(i) ASIC has not delegated its power to make the banning order to a Financial Services and Credit Panel; or
(ii) ASIC exercises its power to make the banning order despite such a delegation; and
(b) ASIC's grounds for making the banning order are or include both of the following:
(i) that the suspension or cancellation of the relevant licence took place under section 915B;
(ii) that the person has been convicted of serious fraud.
Note: See section 34AB of the Acts Interpretation Act 1901 (effect of delegation).
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