AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION ACT 2001

Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Download] [Help]

AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION ACT 2001

TABLE OF PROVISIONS

Long Title

PART 1--PRELIMINARY

Division 1--Objects

1. Objects

Division 2--Citation

1A. Short title

Division 3--Commencement and application

2. Commencement
4. Application of this Act
4A. Application of the Criminal Code

Division 4--Interpretation

5. Interpretation
6. Giving information

PART 2--AUSTRALIAN--SECURITIES AND INVESTMENTS COMMISSION AND CONSUMER PROTECTION IN RELATION TO FINANCIAL SERVICES

Division 1--Australian Securities and Investments Commission

8. ASIC is a body corporate
8A. ASIC's liabilities are Commonwealth liabilities
9. Membership
9A. Application of the finance law
10. Chairperson and Deputy Chairpersons
10A. Chairperson not subject to direction by ASIC on certain matters
11. Corporations legislation functions and powers and other functions and powers
12. Directions by Minister
12A. Other functions and powers
12AA. Cooperation with APRA

Division 2--Unconscionable conduct and consumer protection in relation to financial services

Subdivision A--Application

12AC. Division extends to some conduct outside Australia
12AD. Application of Division to Commonwealth and Commonwealth authorities
12AE. Saving of other laws and remedies

Subdivision B--Interpretation

12BA. Interpretation
12BAA. Definition of financial product
12BAB. Meaning of financial service
12BB. Misleading representations with respect to future matters
12BC. Consumers
12BD. Acquisition, supply and re - supply
12BE. Application of Division in relation to leases and licences of land and buildings
12BEA. Asserting a right to payment

Subdivision BA--Unfair contract terms

12BF. Unfair terms of consumer contracts and small business contracts
12BG. Meaning of unfair
12BH. Examples of unfair terms
12BI. Terms that define main subject matter of consumer contracts or small business contracts etc. are unaffected
12BK. Standard form contracts
12BL. Contracts to which this Subdivision does not apply
12BLA. Replacement life insurance contracts to which this Subdivision does not apply
12BLB. Renewed life insurance contracts to which this Subdivision does not apply
12BLC. This Subdivision does not apply to certain contracts connected with financial markets
12BM. Contraventions of this Subdivision etc.

Subdivision C--Unconscionable conduct

12CA. Unconscionable conduct within the meaning of the unwritten law of the States and Territories
12CB. Unconscionable conduct in connection with financial services
12CC. Matters the court may have regard to for the purposes of section 12CB

Subdivision D--Consumer protection

12DA. Misleading or deceptive conduct
12DB. False or misleading representations
12DC. False or misleading representations in relation to financial products that involve interests in land
12DD. Cash price to be stated in certain circumstances
12DE. Offering rebates, gifts, prizes etc.
12DF. Certain misleading conduct in relation to financial services
12DG. Bait advertising
12DH. Referral selling
12DI. Accepting payment without intending or being able to supply as ordered
12DJ. Harassment and coercion
12DK. Pyramid selling of financial products
12DL. Unsolicited credit cards and debit cards
12DM. Assertion of right to payment for unsolicited financial services etc.
12DMA. Liability of recipient for unsolicited financial services etc.
12DMB. Assertion of right to payment for unauthorised advertisements
12DMC. Caps on commissions for add - on risk products supplied in connection with motor vehicles
12DN. Application of provisions of this Division to information providers

Subdivision DA--Deferred sales for add-on insurance products

12DO. Meaning of add - on insurance product
12DP. Meaning of add - on insurance deferral period and add - on insurance pre - deferral period
12DQ. Prohibition on selling add - on insurance products before end of add - on insurance deferral period etc.
12DR. Prohibition on offering add - on insurance product during add - on insurance deferral period
12DS. Prohibition on offering add - on insurance product--customer opt - out
12DT. Right of return and refund for add - on insurance product sold in contravention of section 12DQ
12DU. Exception for financial advisers
12DV. Exception for product covered by product intervention order
12DW. Exception for comprehensive motor vehicle insurance
12DX. Exemption by regulations
12DY. Exemption by ASIC
12DZ. Effect of exemption
12DZA. Contravention of conditions on exemption

Subdivision E--Conditions and warranties in consumer transactions

12EA. Conflict of laws
12EB. Application of provisions not to be excluded or modified
12EC. Limitation of liability for breach of certain conditions or warranties
12ED. Warranties in relation to the supply of financial services

Subdivision G--Enforcement and remedies

12GA. Interpretation
12GB. Offences against Subdivision D or DA
12GBA. Declaration of contravention of civil penalty provision
12GBB. Pecuniary penalty orders
12GBC. Maximum pecuniary penalty
12GBCA. Pecuniary penalty applicable
12GBCB. Civil enforcement of pecuniary penalty order
12GBCC. Relinquishing the benefit derived from engaging in conduct resulting in a pecuniary penalty order
12GBCD. Civil enforcement of relinquishment order
12GBCE. Meaning of benefit derived and detriment avoided because of a contravention of a civil penalty provision
12GBCF. Civil evidence and procedure rules for declarations of contravention, pecuniary penalty orders and relinquishment orders
12GBCG. Civil proceedings after criminal proceedings
12GBCH. Criminal proceedings during civil proceedings
12GBCJ. Criminal proceedings after civil proceedings
12GBCK. Evidence given in civil proceedings not admissible in criminal proceedings
12GBCL. Attempt and involvement in contravention treated in same way as actual contravention
12GBCM. Continuing contraventions of civil penalty provisions
12GBCN. State of mind
12GBCP. Exceptions etc. to civil penalty provisions--burden of proof
12GBD. Indemnification of officers
12GC. Enforcement and recovery of certain fines
12GCA. Preference must be given to compensate persons who suffer damage as a result of contravention
12GD. Injunctions
12GF. Actions for damages
12GFA. Recovering commissions that exceed a cap under section 12DMC
12GG. Finding in proceedings to be evidence
12GH. Conduct by directors, employees or agents
12GI. Defences
12GJ. Jurisdiction of courts
12GK. Transfer of matters
12GL. Transfer of certain proceedings to Federal Circuit and Family Court of Australia (Division 1)
12GLA. Non - punitive orders
12GLB. Punitive orders requiring adverse publicity
12GLC. ASIC may issue a public warning notice
12GLD. Order disqualifying a person from managing corporations
12GM. Other orders
12GN. Power of Court to prohibit payment or transfer of money or other property
12GNA. Limit on liability for misleading or deceptive conduct
12GNB. Orders to redress loss or damage suffered by non - parties etc.
12GNC. Kinds of orders that may be made to redress loss or damage suffered by non - parties etc.
12GND. Declarations
12GNE. Orders made in favour of party to contract containing unfair term
12GNF. Orders made on application of ASIC to prevent and remedy unfair contract terms
12GNG. Interaction with other provisions
12GO. Intervention by ASIC

Subdivision GA--Proportionate liability for misleading and deceptive conduct

12GP. Application of Subdivision
12GQ. Certain concurrent wrongdoers not to have benefit of apportionment
12GR. Proportionate liability for apportionable claims
12GS. Defendant to notify plaintiff of concurrent wrongdoer of whom defendant is aware
12GT. Contribution not recoverable from defendant
12GU. Subsequent actions
12GV. Joining non - party concurrent wrongdoer in the action
12GW. Application of Subdivision

Subdivision GB--Infringement notices

12GX. When an infringement notice may be given
12GXA. Provisions subject to an infringement notice
12GXB. Matters to be included in an infringement notice
12GXC. Payment period
12GXD. Extension of time to pay amount
12GXE. Payment by instalments
12GXF. Withdrawal of an infringement notice
12GXG. Effect of payment of amount
12GXH. Effect of this Subdivision

Subdivision GC--Substantiation notices

12GY. ASIC may require claims to be substantiated etc.
12GYA. Extending periods for complying with substantiation notices
12GYB. Compliance with substantiation notices
12GYC. False or misleading information etc.

Subdivision H--Miscellaneous

12HA. Relationship of this Subdivision to Part 3
12HB. Disclosure of documents by ASIC
12HC. Prosecutions
12HD. Jurisdiction of Court to make declarations and orders

PART 3--INVESTIGATIONS--AND INFORMATION-GATHERING

Division 1--Investigations

13. General powers of investigation
14. Minister may direct investigations
15. Investigation after report of receiver or liquidator
16. Interim report on investigation
17. Final report on investigation
18. Distribution of report

Division 2--Examination of persons

19. Notice requiring appearance for examination
20. Proceedings at examination
21. Requirements made of examinee
22. Examination to take place in private
22A. Proceedings at examination
23. Examinee's lawyer may attend
24. Record of examination
25. Giving to other persons copies of record
26. Copies given subject to conditions
27. Record to accompany report

Division 3--Inspection of books and audit information-gathering powers

28. When certain powers may be exercised
29. ASIC may inspect books without charge
30. Notice to produce books about affairs of body corporate or registered scheme
30A. Notice to auditors concerning information and books
30B. Notice to registered liquidators concerning information and books
31. Notice to produce books about financial products
32A. Notice to produce books about financial services
33. Notice to produce documents in person's possession
34. ASIC may authorise persons to require production of books, giving of information etc.
37. Powers where books produced or seized
38. Powers where books not produced
39. Power to require person to identify property of body corporate
39A. ASIC may give copy of book relating to registered scheme to another person
39B. ASIC to notify foreign regulator's access to information or books
39C. ASIC may give information and books in relation to Chapter 5 bodies corporate

Division 3A--Extra application of Crimes Act search warrant provisions

Subdivision A--Basic extra application

39D. Extra application of Crimes Act search warrant provisions
39E. Interpretation of modifications

Subdivision B--Modifications

39F. Major modifications--evidential material
39G. Major modifications--who may apply for a warrant etc.
39H. Major modifications--purposes for which things may be used and shared
39I. Minor modifications

Division 4--Requirements to disclose information

40. When certain powers may be exercised
41. Acquisitions and disposals of financial products
42. Acquisitions and disposals of trust property by trustee companies
43. Exercise of certain powers of ASIC in relation to financial products
44. Exercise of certain powers of ASIC in relation to trust property acquired or disposed of by trustee company
47. Disclosures to take place in private
48. Lawyer of person making disclosure may attend

Division 5--Proceedings after an investigation

49. ASIC may cause prosecution to be begun
50. ASIC may cause civil proceeding to be begun

Division 5A--Audit deficiency notifications and reports

50A. Application
50B. Notice of audit deficiency
50C. Audit deficiency report
50D. Publication of report
50E. Consultation before publication

Division 6--Hearings

51. Power to hold hearings
52. General discretion to hold hearing in public or private
53. Request by person appearing at hearing that it take place in public
54. Certain hearings to take place in private
55. ASIC may restrict publication of certain material
56. Who may be present when hearing takes place in private
57. Involvement of person entitled to appear at hearing
58. Power to summon witnesses and take evidence
59. Proceedings at hearings
59A. Proceedings at hearings
60. ASIC to take account of evidence and submissions
61. Reference to Court of question of law arising at hearing
62. Protection of members etc.

Division 7--Offences

63. Non - compliance with requirements made under this Part
64. False information
65. Obstructing person acting under this Part
66. Contempt of ASIC
67. Concealing books relevant to investigation
68. Self - incrimination
69. Legal professional privilege
70. Powers of Court where non - compliance with Part

Division 8--ASIC's powers where non-compliance with Part

71. Orders by ASIC
72. Orders in relation to securities of a body corporate
73. Orders in relation to financial products and trust property generally
75. Orders under this Division

Division 9--Evidentiary use of certain material

76. Statements made at an examination: proceedings against examinee
77. Statements made at an examination: other proceedings
78. Weight of evidence admitted under section 77
79. Objection to admission of statements made at examination
80. Copies of, or extracts from, certain books
81. Report under Division 1
82. Exceptions to admissibility of report
83. Material otherwise admissible

Division 10--Miscellaneous

84. Requirement made of a body corporate
85. Evidence of authority
86. Giving documents to natural persons
87. Place and time for production of books
88. Application of Crimes Act and Evidence Act
89. Allowances and expenses
90. Expenses of investigation under Division 1
91. Recovery of expenses of investigation
92. Compliance with Part
93. Effect of Part
93AA. Enforcement of undertakings given to ASIC

PART 3A--ENFORCEABLE--UNDERTAKINGS

93A. Undertakings--registered schemes
93B. Undertakings--notified foreign passport funds
93BA. Undertakings by corporate director of a CCIV

PART 3B--CRIMINAL--PENALTIES

93C. Penalty for committing an offence
93D. Penalty applicable to an offence committed by an individual
93E. Penalty applicable to an offence committed by a body corporate
93F. Meaning of benefit derived and detriment avoided because of an offence
93G. Where is the penalty for an offence specified?
93H. If no penalty is specified

PART 4--ASIC----BUSINESS

Division 1--General

94. Arrangement of ASIC's business
95. ASIC to establish offices
96. Regional Commissioners

Division 2--Divisions of ASIC

97. ASIC may establish Division
98. Effect of direction establishing Division
99. ASIC may reconstitute Division
100. Effect of reconstituting Division
101. Multiple Divisions

Division 3--Delegation by ASIC

102. Delegation

Division 4--Meetings of ASIC

103. Times and places of meetings
105. Quorum
106. Who is to preside at meetings
107. Voting at meetings
107A. Conduct of meetings
107B. ASIC resolutions without meetings

PART 5--ASIC----MEMBERS

Division 1--Terms and conditions

108. Term of office as member
109. Term of office as Chairperson or Deputy Chairperson
110. Resignation
111. Termination of appointment
112. Remuneration and allowances etc.
113. Leave of absence
114. Superannuation arrangements
115. Other terms and conditions

Division 2--Acting appointments

116. Acting members
117. Acting Chairperson
118. Acting Deputy Chairperson
119. Limitation on appointments to act during vacancy

Division 3--Delegation by members

119A. Delegation by members

PART 6--ASIC----STAFF

120. Staff
121. Consultants etc.
122. Staff seconded to ASIC
122A. Senior staff member determination

PART 6A--GIVING--INFORMATION ETC. TO APRA

122B. APRA may request information or documents
122C. ASIC must comply with request
122D. Information and documents covered by request
122E. Notifying APRA of reasonable belief of material breach of APRA provisions

PART 7--PREVENTING--CONFLICTS OF INTEREST AND MISUSE OF INFORMATION

Division 1--Disclosure of interests

123. Members to disclose certain interests to Minister
125. Notification of interests to ASIC
126. Defence
126A. Chairperson to ensure adequate disclosure of interest requirements for ASIC staff members
126B. ASIC Code of Conduct
126C. ASIC Values

Division 2--Confidentiality

127. Confidentiality

PART 8--FINANCE--AND REPORTING REQUIREMENTS

Division 2--Reporting requirements

136. Annual reports

Division 3--Liability to taxation

137. Liability to taxation

Division 4--Transparency

138. Annual "dashboard" report about ASIC's regulatory costs

PART 9--FINANCIAL--SERVICES AND CREDIT PANELS

Division 1--ASIC to convene panels

139. ASIC to convene panels

Division 2--Panel members

140. Appointment of panel members
141. Minister may specify persons who are eligible to be appointed to panels
142. Disclosure of interests to ASIC
143. Remuneration
144. Resignation
145. Termination of appointment
146. Other terms and conditions
147. Application of finance law

Division 3--Decisions of panels

Subdivision A--Decisions of panels at meetings

148. Convening meetings
149. Presiding at meetings
150. Disclosure of interests to panels
151. Quorum
152. Voting at meetings
153. Participation in meetings etc.
154. Conduct of meetings
155. Minutes

Subdivision B--Decisions of panels without meetings

156. Decisions without meetings

Division 4--Panel hearings

Subdivision A--General

157. When hearings are to be held
158. Panels to take account of evidence and submissions

Subdivision B--Hearing procedures

159. Proceedings at hearings
159A. Proceedings at hearings
160. Notice of hearings
161. Who may be present at hearings etc.
162. Appearance of affected persons at hearings
163. Affected persons may request hearings to be held in public
164. Representation at hearings
165. Power to require persons to appear and give evidence etc.
166. Allowances and expenses
167. Panels may restrict publication of certain material

Subdivision C--Offences

168. Contempt of panels
169. Giving false evidence
170. Failing to comply with certain requirements
171. Being present at hearings
171A. Publication of restricted material

Subdivision D--Other matters

171B. Reference to Court of question of law arising at hearing
171C. Protection of panel members etc.

Division 5--Information given to panel members

171D. Use and disclosure of information

Division 6--Enforceable undertakings

171E. Variation, withdrawal and enforcement of undertakings given to Financial Services and Credit Panels

Division 7--Electronic communication

171F. Electronic communication of documents

PART 10--THE--TAKEOVERS PANEL

Division 1--General

172. Membership
173. President
174. Functions and powers of Takeovers Panel
175. Term of office as member
176. Term of office as President
177. Resignation
178. Termination of appointment
179. Remuneration and allowances
180. Leave of absence
181. Other terms and conditions
182. Acting President
183. Annual report

Division 2--Conduct of Takeovers Panel's business

184. Constitution of Takeovers Panel in relation to particular matters
185. Disclosure of interests by members
186. Application of Division 2 of Part 7

Division 3--Takeovers Panel proceedings

187. Interpretation
188. Power to conduct proceedings
190. Takeovers Panel may restrict publication of certain material
192. Power to summon witnesses and take evidence
193. Quorum
194. Legal representation in proceedings before the Takeovers Panel
195. Procedure
197. Protection of members etc.
198. Non - compliance with requirements made under section 192
199. False evidence
200. Contempt of Takeovers Panel
201. Powers of Court where non - compliance with section 192
201A. Undertakings to the Takeovers Panel

PART 11--COMPANIES--AUDITORS DISCIPLINARY BOARD

Division 1--Constitution of Disciplinary Board

203. Membership of Disciplinary Board
204. Functions and powers of Disciplinary Board
205. Term of office
206. Resignation from office
207. Termination of appointment
208. Acting Chairperson
208A. Acting Deputy Chairperson
210. Meetings of the Disciplinary Board
210A. Panel to be constituted to deal with application
210B. Meetings of Panel of the Disciplinary Board
211. Disclosure of interests
212. Remuneration and allowances
213. Confidentiality
214. Annual report

Division 2--Hearings by Disciplinary Board

215. Definition
216. Hearings
217. Power to summon witnesses and take evidence
218. Proceedings at hearings
218A. Proceedings at hearings
219. Failure of witnesses to attend and answer questions
220. Contempt of Disciplinary Board
221. Protection of members etc.
222. Hearings taken to be judicial proceedings
223. Costs

PART 12--THE--AUSTRALIAN FINANCIAL REPORTING SYSTEM

224. Main objects of this Part

Division 1--The financial reporting system

Subdivision A--The Financial Reporting Council

225. Functions and powers of the Financial Reporting Council
225A. Financial Reporting Council's information gathering powers

Subdivision B--The Australian Accounting Standards Board and the Office of the Australian Accounting Standards Board

226. The Office of the Australian Accounting Standards Board
226A. Office of the AASB's functions and powers
227. AASB's functions and powers

Subdivision C--The Auditing and Assurance Standards Board and the Office of the Auditing and Assurance Standards Board

227AA. The Office of the Auditing and Assurance Standards Board
227AB. Office of the AUASB's functions and powers
227A. The Auditing and Assurance Standards Board
227B. AUASB's functions and powers

Division 2--Accounting standards and sustainability standards

227C. Scope of this Division
228. Purposive interpretation of standards
229. Generic and specific standards
230. Comparative amounts
231. Cost/benefit analysis
232. FRC views
233. International accounting standards
234. Validity of standards

Division 2A--Auditing standards

234A. Purposive interpretation of standards
234B. Generic and specific standards
234C. FRC views
234D. International auditing standards
234E. Validity of auditing standards

Division 3--Administrative provisions

Subdivision A--The Financial Reporting Council

235A. Membership of FRC
235AA. Terms and conditions of appointment of FRC members
235B. Annual report
235C. Procedure

Subdivision AA--The Office of the AASB

235D. Duties of the Chair of the AASB
235E. Staff of the Office of the AASB
235F. Consultants and persons seconded to the Office of the AASB
235G. Office of the AASB to have regard to FRC's advice etc.
235H. Chair not subject to direction by the AASB on certain matters

Subdivision B--The Australian Accounting Standards Board

236A. Procedures
236AA. AASB to have regard to FRC's advice etc.
236B. Appointment of members of the AASB
236BA. Terms and conditions of appointment of members of the AASB
236C. Resignation and termination of appointment
236D. Acting appointments
236DA. Disclosure of interests

Subdivision BAA--The Office of the AUASB

236DB. Duties of the Chair of the AUASB
236DC. Staff of the Office of the AUASB
236DD. Consultants and persons seconded to the Office of the AUASB
236DE. Office of the AUASB to have regard to FRC's advice etc.
236DF. Chair not subject to direction by the AUASB on certain matters

Subdivision BA--The Auditing and Assurance Standards Board

236E. Procedures
236EA. AUASB to have regard to FRC's advice etc.
236F. Appointment of members of the AUASB
236FA. Terms and conditions of appointment of members of the AUASB
236G. Resignation and termination of appointment
236H. Acting appointments
236J. Disclosure of interests

Subdivision C--Confidentiality

237. Confidentiality

PART 14--THE--PARLIAMENTARY JOINT COMMITTEE ON CORPORATIONS AND FINANCIAL SERVICES

241. Membership
242. Powers and proceedings
243. Duties

PART 15--MISCELLANEOUS

243B. Offences committed partly in and partly out of the jurisdiction
243C. ASIC may publish internal dispute resolution data
243D. Financial transaction reports
243E. Suspicious matters reports under the Anti - Money Laundering and Counter - Terrorism Financing Act 2006
243F. Treat the corporate director of a CCIV as providing financial services etc. being provided by the CCIV
244. Review by Administrative Appeals Tribunal of certain decisions
244A. Notice of reviewable decision and review rights
246. Liability for damages
247. Duplicate seals
248. Judicial notice of ASIC's seal and members' signatures
249. Validation of agreements to employ staff or engage consultants
250. Compensation for compulsory acquisition
251. The regulations

PART 16--TRANSITION--FROM THE OLD ASIC LEGISLATION

Division 1--Preliminary

253. Object of Part
254. Definitions
255. Relationship of Part with State validation Acts
256. References to things taken or deemed to be the case etc.
257. Existence of several versions of the old ASIC legislation does not result in this Part operating to take the same thing to be done several times under the new ASIC legislation etc.
258. Penalty units in respect of pre - commencement conduct remain at $100
259. Ceasing to be a referring State does not affect previous operation of this Part

Division 2--Carrying over bodies established etc. or persons appointed under the old ASIC Act

260. Division has effect subject to Division 7 regulations
261. Carrying over bodies established under the old ASIC Act
262. Carrying over the Chairman and Deputy Chairman of the Financial Reporting Council

Division 3--Carrying over the old ASIC Regulations

263. Division has effect subject to Division 7 regulations
264. Old ASIC Regulations continue to have effect

Division 4--Court proceedings and orders

265. Division has effect subject to Division 7 regulations
266. Definitions
267. Treatment of court proceedings under or related to the old ASIC legislation--proceedings other than federal ASIC proceedings
268. Treatment of court proceedings under or related to the old ASIC legislation--federal ASIC proceedings
268A. Appeals etc. in relation to some former federal corporations proceedings
268B. Effect of decisions and orders made in federal corporations proceedings before commencement
269. References to proceedings and orders in the new ASIC legislation

Division 5--Functions and powers of ASIC

270. Division has effect subject to Division 7 regulations
271. Non - federal proceedings etc.
272. NCSC's functions and powers

Division 6--General transitional provisions relating to other things done etc. under the old ASIC legislation

273. Provisions in this Division have effect subject to the other Divisions
274. Provisions of this Division may have an overlapping effect
275. Things done by etc. carried over provisions continue to have effect
276. Creation of equivalent rights and liabilities to those that existed before the commencement under carried over provisions of the old ASIC legislation
277. Creation of equivalent rights and liabilities to those that existed before the commencement under repealed provisions of the old ASIC legislation
278. Old ASIC legislation time limits continue to run
279. Preservation of significance etc. of events or circumstances
280. References in the new ASIC legislation generally include references to events, circumstances or things that happened or arose before the commencement
281. References in the new ASIC legislation to that legislation or the new corporations legislation generally include references to corresponding provisions of the old ASIC legislation or old corporations legislation
282. Carrying over references to corresponding previous laws or relevant previous laws
283. References to ASIC legislation in instruments
284. Old transitional provisions continue to have their effect

Division 7--Regulations dealing with transitional matters

285. Regulations may deal with transitional matters

PART 17--TRANSITIONAL--PROVISIONS RELATING TO THE CORPORATE LAW ECONOMIC REFORM PROGRAM (AUDIT REFORM AND CORPORATE DISCLOSURE) ACT 2004

285A. Definitions
286. Application of new subsection 225A(5)
287. Application of Part 8 of Schedule 1 to the amending Act
288. Application of Schedule 3 to the amending Act

PART 18--TRANSITIONAL--PROVISIONS RELATING TO THE CORPORATIONS AMENDMENT (CORPORATE REPORTING REFORM) ACT 2010

289. Definitions
290. Application of Companies Auditors and Liquidators Disciplinary Board amendments
291. Application of pre - hearing conference amendments

PART 19--TRANSITIONAL--PROVISIONS RELATING TO THE CORPORATIONS LEGISLATION AMENDMENT (AUDIT ENHANCEMENT) ACT 2012

292. Definitions
293. Amendments made by Part 1 of Schedule 2--final report on auditor independence functions
294. Application of amendments made by Parts 2 and 3 of Schedule 2

PART 20--TRANSITIONAL--PROVISIONS RELATING TO THE CLEAN ENERGY LEGISLATION (CARBON TAX REPEAL) ACT 2014

295. Definition
296. Transitional--carbon units issued before the designated carbon unit day

PART 21--TRANSITIONAL--PROVISIONS RELATING TO THE CORPORATIONS LEGISLATION AMENDMENT (DEREGULATORY AND OTHER MEASURES) ACT 2015

297. Definitions
298. FRC members
299. AASB members
300. AUASB members

PART 22--APPLICATION--PROVISION RELATING TO THE TREASURY LEGISLATION AMENDMENT (SMALL BUSINESS AND UNFAIR CONTRACT TERMS) ACT 2015

301. Application

PART 23--TRANSITIONAL--PROVISIONS RELATING TO THE INSOLVENCY LAW REFORM ACT 2016

302. Definitions
303. General powers of investigation continue to apply to failure to comply with duties before the commencement day
304. Notice to registered liquidators concerning information and books--requirements before the commencement day
305. ASIC may give information and books relating to pre - commencement activity
306. Information to be included in ASIC's annual report
307. Appointments to the Companies Auditors Disciplinary Board

PART 24--APPLICATION--PROVISION RELATING TO THE TREASURY LAWS AMENDMENT (2017 MEASURES NO. 1) ACT 2017

308. Application

PART 25--TRANSITIONAL--PROVISIONS RELATING TO THE TREASURY LAWS AMENDMENT (ENHANCING ASIC'S CAPABILITIES) ACT 2018

309. Definitions
310. Staff members engaged under former subsection 120(3)
311. APS employees in ASIC
312. ASIC Enterprise Agreement
313. Variation of terms and conditions of employment
314. Transitional rules

PART 26--TRANSITIONAL--PROVISIONS RELATING TO THE TREASURY LAWS AMENDMENT (ASIC GOVERNANCE) ACT 2018

314A. Saving of appointments

PART 26A--APPLICATION--PROVISIONS RELATING TO THE TREASURY LAWS AMENDMENT (AUSTRALIAN CONSUMER LAW REVIEW) ACT 2018

315. Application--listed public companies
316. Application--power to obtain information, documents and evidence in relation to unfair contract terms
317. Application--consumer protection
318. Application--financial products

PART 27--APPLICATION--AND TRANSITIONAL PROVISIONS RELATING TO THE TREASURY LAWS AMENDMENT (STRENGTHENING CORPORATE AND FINANCIAL SECTOR PENALTIES) ACT 2019

320. Definitions
321. Application--offences
322. Application--civil penalty provisions
323. Application--infringement notices

PART 28--TRANSITIONAL--PROVISIONS RELATING TO THE FINANCIAL SECTOR REFORM (HAYNE ROYAL COMMISSION RESPONSE--STRONGER REGULATORS (2019 MEASURES)) ACT 2020

324. Application of amendments--search warrant provisions

PART 29--APPLICATION--PROVISIONS RELATING TO SCHEDULE 12 TO THE FINANCIAL SECTOR REFORM (HAYNE ROYAL COMMISSION RESPONSE) ACT 2020

325. Definitions
326. Application

PART 29A--APPLICATION--PROVISIONS RELATING TO THE FINANCIAL SECTOR REFORM (HAYNE ROYAL COMMISSION RESPONSE--PROTECTING CONSUMERS (2019 MEASURES)) ACT 2020

326A. Application--unfair contract terms

PART 30--APPLICATION--PROVISIONS RELATING TO THE TREASURY LAWS AMENDMENT (2019 MEASURES NO. 3) ACT 2020

327. Application--amounts of pecuniary penalties
328. Application--authorised disclosure to monitoring body

PART 31--APPLICATION--AND TRANSITIONAL PROVISIONS RELATING TO SCHEDULE 3 TO THE FINANCIAL SECTOR REFORM (HAYNE ROYAL COMMISSION RESPONSE) ACT 2020

329. Application--deferred sales model for add - on insurance

PART 32--APPLICATION--AND TRANSITIONAL PROVISIONS RELATING TO SCHEDULE 4 TO THE FINANCIAL SECTOR REFORM (HAYNE ROYAL COMMISSION RESPONSE) ACT 2020

330. Application--caps on commissions

PART 33--TRANSITIONAL--PROVISION RELATING TO THE TREASURY LAWS AMENDMENT (2020 MEASURES NO. 6) ACT 2020

331. Transitional--directions by Minister

PART 34--APPLICATION--PROVISION RELATING TO SCHEDULE 1 TO THE FINANCIAL REGULATOR ASSESSMENT AUTHORITY (CONSEQUENTIAL AMENDMENTS AND TRANSITIONAL PROVISIONS) ACT 2021

333. Application--confidentiality

PART 36--APPLICATION--PROVISION RELATING TO THE TREASURY LAWS AMENDMENT (2021 MEASURES NO. 5) ACT 2021

336. Application--reports of liquidators

PART 37--APPLICATION--AND TRANSITIONAL PROVISIONS FOR THE TREASURY LAWS AMENDMENT (REGISTRIES MODERNISATION AND OTHER MEASURES) ACT 2020

337. Definitions
338. Validation of acts or things done during interim period
339. Application of item 102 of Schedule 1 to the Treasury Laws Amendment (Registries Modernisation and Other Measures) Act 2020

PART 38--TRANSITIONAL--PROVISIONS RELATING TO THE FINANCIAL ACCOUNTABILITY REGIME (CONSEQUENTIAL AMENDMENTS) ACT 2023

340. Application--confidentiality
341. Information to be included in ASIC's annual report

PART 39--APPLICATION--PROVISIONS RELATING TO THE TREASURY LAWS AMENDMENT (MORE COMPETITION, BETTER PRICES) ACT 2022

342. Amendments relating to unfair contract terms
343. Application of sections 12BLA and 12BLB

PART 40--APPLICATION--AND TRANSITIONAL PROVISIONS RELATING TO THE ALRC FINANCIAL SERVICES INTERIM REPORTS

Division 1--Schedule 2 to the Treasury Laws Amendment (Modernising Business Communications and Other Measures) Act 2023

344. Definitions
344A. Translation of references in instruments

Division 2--Schedules 1 and 2 to the Treasury Laws Amendment (2023 Law Improvement Package No. 1) Act 2023

344B. Definitions
344C. Translation of references in instruments
344D. Calculation of time

PART 41--APPLICATION--PROVISION RELATING TO SCHEDULE 6 TO THE TREASURY LAWS AMENDMENT (2023 LAW IMPROVEMENT PACKAGE NO. 1) ACT 2023

345. Application--hearings held by a Panel of the Disciplinary Board
346. Application--claims handling and settling services

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback