Commonwealth Consolidated Acts

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ASIC may extend regulations to securities not otherwise covered

             (1)  ASIC may, by writing, declare that:

                     (a)  particular securities; or

                     (b)  a particular class of securities;

are securities to which this Division, and regulations made for the purposes of section 1073D, apply.

Note:          The securities in respect of which a declaration under this subsection may be made are not limited to those covered by paragraphs 1073A(1)(a) to (db).

             (2)  ASIC may specify in the declaration modifications of the regulations that are to have effect in relation to the application of this Division and the regulations to the securities, or the class of securities, to which the declaration relates.

             (3)  A declaration under subsection (1) has effect accordingly.

             (4)  ASIC must cause a copy of a declaration under subsection (1) to be published in the Gazette .

             (5)  If conduct (including an omission) of a person would not have constituted an offence if a particular declaration under subsection (1) had not been made, that conduct does not constitute an offence unless, before the conduct occurred (in addition to complying with the gazettal requirement of subsection (4)):

                     (a)  the text of the declaration was made available by ASIC on the internet; or

                     (b)  ASIC gave written notice setting out the text of the declaration to the person.

In a prosecution for an offence to which this subsection applies, the prosecution must prove that paragraph (a) or (b) was complied with before the conduct occurred.

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