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CORPORATIONS ACT 2001 - SECT 1243A

Modification by regulations

  (1)   The regulations may modify the operation of this Chapter or any other provisions of this Act in relation to:

  (a)   a specified CCIV; or

  (b)   a specified class of CCIVs; or

  (c)   all CCIVs; or

  (d)   a specified class of sub - funds of CCIVs; or

  (e)   all sub - funds of a specified class of CCIVs; or

  (f)   all sub - funds of all CCIVs.

  (2)   Regulations made for the purposes of subsection   (1) in relation to a specified CCIV may apply to the CCIV in respect of a specified sub - fund, a specified class of sub - funds or all sub - funds of the CCIV.

 

Commonwealth Coat of Arms of Australia

Corporations Act 2001

No.   50, 2001

Compilation No.   137

Compilation date:   14   October 2024

Includes amendments:   Act No. 38, 2024

This compilation is in 7 volumes

Volume 1:   sections   1-260E

Volume 2:   sections   283AA-600K

Volume 3:   sections   601-742

Volume 4:   sections   760A-994Q

Volume 5:   sections   1010A-1243A

Volume 6:   sections   1272-1708D

Volume 7:   Schedules

  Endnotes

Each volume has its own contents

About this compilation

This compilation

This is a compilation of the Corporations Act 2001 that shows the text of the law as amended and in force on 14   October 2024 (the compilation date ).

The notes at the end of this compilation (the endnotes ) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self - repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

Chapter   9--Miscellaneous

Part   9.1A--Director identification numbers

1272   Giving and cancelling director identification numbers

1272A   Applying for a director identification number

1272B   Meaning of eligible officer

1272C   Requirement to have a director identification number

1272D   Requirement to apply for a director identification number

1272E   Registrar may extend application periods

1272F   Infringement notices

1272G   Applying for additional director identification numbers

1272H   Misrepresenting director identification numbers

Part   9.1--Matters relating to handling records and information

Division   1--The Registrar

Subdivision A--Appointment etc. of the Registrar

1270   Appointment of the Registrar

1270A   Functions

1270B   Powers

1270C   Directions by Minister

1270D   Delegation

1270E   Assisted decision making

1270F   Liability for damages

Subdivision B--How the Registrar is to perform and exercise functions and powers

1270G   Data standards

1270H   Giving information to the Registrar

1270J   How the Registrar is to perform and exercise functions and powers

Subdivision C--Disclosure of information

1270K   Disclosure framework

1270L   Protection of confidentiality of protected information

1270M   Authorisation of recording or disclosure

1270N   Preventing disclosure of particular protected information

1270P   Authorisation for purposes of Privacy Act

1270Q   Disclosure to a court

Subdivision D--Miscellaneous

1270R   Extracts of information to be admissible in evidence

1270S   Annual report

1270T   Rules

Division   2--Registers kept by ASIC

1274   Registers

Division   3--Miscellaneous

1274AA   Register of disqualified company directors and other officers

1274A   Obtaining information from certain registers

1274B   Use, in court proceedings, of information from ASIC's national database

1274C   ASIC certificate

1275   Relodging of lost registered documents

Part   9.2--Registration of auditors

Division   2--Registration

1279   Application for registration as auditor

1280   Registration of auditors

1280A   Approval of auditing competency standard

1281   Auditor - General taken to be registered as auditor

1285   Register of Auditors

1287   Notification of certain matters

1287A   Annual statements by registered company auditors

1289   Auditors and other persons to enjoy qualified privilege in certain circumstances

Division   2A--Conditions on registration of auditors

1289A   ASIC may impose conditions on registration

Division   3--Cancellation or suspension of registration

1290   Cancellation at request of registered person

1291   Immediate suspension or cancellation

1291A   Notice of suspension or cancellation

1291B   ASIC may vary or revoke suspension

1292   Powers of Board in relation to auditors

1294   Board to give opportunity for hearing etc.

1294A   Pre - hearing conference

1295   Board may remove suspension

1296   Notice of Board's decision

1297   Time when Board's decision comes into effect

1298   Effect of suspension

Division   4--Validation of approval of auditing competency standard

1298P   Validation of approval of auditing competency standard

1298Q   Compensation for acquisition of property

Part   9.2A--Authorised audit companies

Division   1--Registration

1299A   Application for registration as authorised audit company

1299B   Eligibility for registration as an authorised audit company

1299C   Registration as authorised audit company

1299D   Registration may be subject to conditions

1299E   Register of authorised audit companies

1299F   Notification of certain matters

1299G   Annual statements by authorised audit company

Division   2--Cancellation or suspension of registration

1299H   Cancellation at request of registered person

1299I   Cancellation or suspension in other cases

1299J   Notice of cancellation or suspension

1299K   Time when ASIC's decision comes into effect

1299L   Effect of suspension

1299M   Effect of cancellation

Part   9.3--Books

1300   Inspection of books

1301   Location of books on computers

1303   Court may compel compliance

1304   Translations of instruments

1305   Admissibility of books in evidence

1306   Form and evidentiary value of books

1307   Falsification of books

Part   9.4--Offences

Division   1A--Application of the Criminal Code

1308A   Application of Criminal Code

Division   1--Specific offences

1308B   False or misleading statements about share capital

1308   False or misleading documents

1309   False information etc.

1310   Obstructing or hindering ASIC etc.

Division   2--Offences generally

1311   General penalty provisions

1311A   Penalty for committing an offence

1311B   Penalty applicable to an offence committed by an individual

1311C   Penalty applicable to an offence committed by a body corporate

1311D   Meaning of benefit derived and detriment avoided --offence

1311E   Where is the penalty for an offence specified?

1311F   If no penalty is specified

1313A   Offences committed partly in and partly out of the jurisdiction

1314   Continuing offences

1315   Proceedings: how taken

1316   Time for instituting criminal proceedings

1316A   Privilege against self - incrimination not available to bodies corporate in Corporations Act criminal proceedings

1317   Certain persons to assist in prosecutions

Part   9.4AAA--Protection for whistleblowers

1317AA   Disclosures qualifying for protection under this Part

1317AAA   Meaning of eligible whistleblower

1317AAB   Meaning of regulated entity

1317AAC   Meaning of eligible recipient

1317AAD   Public interest disclosure and emergency disclosure

1317AADA   Personal work - related grievances

1317AAE   Confidentiality of whistleblower's identity

1317AB   Disclosure that qualifies for protection not actionable etc.

1317AC   Victimisation prohibited

1317AD   Compensation and other remedies--circumstances in which an order may be made

1317ADA   Meaning of detriment

1317AE   Compensation and other remedies--orders that may be made

1317AF   Interaction between civil proceedings, civil penalties and criminal offences

1317AG   Identifying information not to be disclosed etc. to courts or tribunals

1317AH   Costs only if proceedings instituted vexatiously etc.

1317AI   Whistleblower policies

1317AJ   Exemption orders--class orders for companies

1317AK   Review of operation of whistleblower protections

Part   9.4A--Review by Administrative Review Tribunal of certain decisions

1317A   Definitions

1317B   Applications for review

1317C   Excluded decisions

1317D   Notice of reviewable decision and review rights

Part   9.4AA--Infringement notices for alleged contraventions of continuous disclosure provisions

1317DAAA   Meaning of compensation proceedings

1317DAA   Application of this Part to disclosing entities

1317DAB   Purpose and effect of this Part

1317DAC   Issue of infringement notice

1317DAD   Statement of reasons must be given

1317DAE   Matters to be included in infringement notice

1317DAF   Effect of issue and compliance with infringement notice

1317DAG   Effect of failure to comply with infringement notice

1317DAH   Meaning of compliance period

1317DAI   Withdrawal of infringement notice

1317DAJ   Publication in relation to infringement notices

Part   9.4AB--Infringement notices for other alleged contraventions

Division   1--General

1317DAM   When an infringement notice may be given

1317DAN   Provisions subject to an infringement notice

1317DAP   Matters to be included in an infringement notice

1317DAPA   Giving infringement notices in relation to restricted civil penalty provisions

Division   2--Infringement notices given by ASIC

1317DAPB   Application of Division

1317DAQ   Payment period

1317DAR   Extension of time to pay amount

1317DAS   Payment by instalments

1317DAT   Withdrawal of an infringement notice

Division   3--Infringement notices given by Financial Services and Credit Panels

1317DATA   Application of Division

1317DATB   Payment period, extension of time and payment by instalments

1317DATC   Withdrawal of an infringement notice given by a Financial Services and Credit Panel

Division   4--Other matters

1317DAU   Effect of payment of amount

1317DAV   Effect of this Part

Part   9.4B--Civil consequences of contravening civil penalty provisions

Division   1--The Court may make declarations of contravention, pecuniary penalty orders, relinquishment orders, refund orders and compensation orders

1317E   Declaration of contravention of a civil penalty provision

1317F   Declaration of contravention is conclusive evidence

1317G   Pecuniary penalty orders

1317GAA   Civil enforcement of pecuniary penalty order

1317GAB   Relinquishing the benefit derived and detriment avoided from contravening a civil penalty provision

1317GAC   Civil enforcement of relinquishment order

1317GAD   Meaning of benefit derived and detriment avoided --civil penalty provision

1317GA   Refund orders--charging ongoing fee after termination of arrangement

1317GB   Refund orders--contraventions of section   962R or 962S

1317H   Compensation orders--corporation/scheme civil penalty provisions

1317HA   Compensation orders--financial services civil penalty provisions

1317HB   Compensation orders--market integrity rules and client money reporting rules

1317HC   Compensation orders--financial benchmark rules or compelled financial benchmark rules

1317HE   Compensation orders--Passport Rules

Division   2--Procedural and other matters relating to orders by the Court

1317J   Who may apply for a declaration or order

1317K   Time limit for application for a declaration or order

1317L   Civil evidence and procedure rules for declarations of contravention and civil penalty orders

1317M   Civil proceedings after criminal proceedings

1317N   Criminal proceedings during civil proceedings

1317P   Criminal proceedings after civil proceedings

1317Q   Evidence given in proceedings for penalty not admissible in criminal proceedings

1317QA   Continuing contraventions of civil penalty provisions

1317QB   State of mind

1317QC   Mistake of fact

1317QD   Exceptions etc. to civil penalty provisions--burden of proof

1317QE   Civil penalty provisions contravened by employees, agents or officers

1317QF   Preference must be given to compensate persons who suffer damage as a result of contravention

1317R   ASIC requiring person to assist

1317S   Relief from liability for contravention of civil penalty provision

Part   9.5--Powers of Courts

1318   Power to grant relief

1319   Power of Court to give directions with respect to meetings ordered by the Court

1322   Irregularities

1323   Power of Court to prohibit payment or transfer of money, financial products or other property

1324   Injunctions

1324A   Provisions relating to prosecutions

1324B   Order to disclose information or publish advertisements

1325   Other orders

1325A   Orders if contravention of Chapter   6, 6A, 6B or 6C

1325B   Court may order bidder to make offers

1325C   Unfair or unconscionable agreements, payments or benefits

1325D   Contravention due to inadvertence etc.

1325E   Orders to secure compliance

1326   Effect of sections   1323, 1324 and 1325

1327   Power of Court to punish for contempt of Court

Part   9.6--Proceedings

1330   ASIC's power to intervene in proceedings

1331   Civil proceedings not to be stayed

1332   Standard of proof

1333   Evidence of contravention

1335   Costs

1336   Vesting of property

Part   9.6A--Jurisdiction and procedure of Courts

Division   1--Civil jurisdiction

Subdivision A--Preliminary

1337A   Operation of Division

Subdivision B--Conferral of jurisdiction

1337B   Jurisdiction of Federal Court and State and Territory Supreme Courts

1337C   Jurisdiction of Federal Circuit and Family Court of Australia (Division   1) and State Family Courts

1337D   Jurisdiction of courts (decisions to prosecute and related criminal justice process decisions made by Commonwealth officers)

1337E   Jurisdiction of lower courts

1337F   Appeals

1337G   Courts to act in aid of each other

Subdivision C--Transfer of proceedings

1337H   Transfer of proceedings by the Federal Court and State and Territory Supreme Courts

1337J   Transfer of proceedings by Federal Circuit and Family Court of Australia (Division   1) and State Family Courts

1337K   Transfer of proceedings in lower courts

1337L   Further matters for a court to consider when deciding whether to transfer a proceeding

1337M   Transfer may be made at any stage

1337N   Transfer of documents

1337P   Conduct of proceedings

1337Q   Rights of appearance

1337R   Limitation on appeals

Subdivision D--Rules of court

1337S   Rules of the Federal Court

1337T   Rules of the Supreme Court

1337U   Rules of the Federal Circuit and Family Court of Australia (Division   1)

Division   2--Criminal jurisdiction

1338A   Operation of Division

1338AA   Criminal jurisdiction of the Federal Court

1338B   Criminal jurisdiction of State and Territory courts

1338C   Laws to be applied

Part   9.7--Unclaimed property

1339   ASIC to deal with unclaimed property

1340   No liability to pay calls on shares etc.

1341   Entitlement to unclaimed property

1342   Commonwealth or ASIC not liable for loss or damage

1343   Disposal of securities if whereabouts of holder unknown

1343A   Disposal of interests in registered scheme if whereabouts of member unknown

Part   9.9--Miscellaneous

1344   Use of ABN

1345   Exceptional circumstances--giving documents

1345A   Minister may delegate prescribed functions and powers under this Act

1346   Non - application of rule against perpetuities to certain schemes

1348   Operation of Life Insurance Act

1349   Privilege against exposure to penalty--disqualification etc.

1350   Compensation for compulsory acquisition

Part   9.10--Fees imposed by the Corporations (Fees) Act 2001 and the Corporations (Review Fees) Act 2003

1351   Fees are payable to the Commonwealth

1354   Lodgment of document without payment of fee

1355   Doing act without payment of fee

1356   Effect of sections   1354 and 1355

1359   Waiver and refund of fees

1360   Debts due to the Commonwealth

1362   Payment of fee does not give right to inspect or search

Part   9.11--Coronavirus known as COVID - 19

1362A   Coronavirus known as COVID - 19

Part   9.12--Regulations

1364   Power to make regulations

1365   Scope of particular regulations

1366   Verifying or certifying documents

1367   Documents lodged by an agent

1367A   Publication in the prescribed manner

1368   Exemptions from Chapter   6D or 7

1369   Penalty notices

1369A   State termination of reference

Chapter   10--Transitional provisions

Part   10.1--Transition from the old corporations legislation

Division   1--Preliminary

1370   Object of Part

1371   Definitions

1372   Relationship of Part with State validation Acts

1373   References to things taken or deemed to be the case etc.

1374   Existence of several versions of old corporations legislation does not result in this Part operating to take same thing to be done several times under new corporations legislation etc.

1375   Penalty units in respect of pre - commencement conduct remain at $100

1376   Ceasing to be a referring State does not affect previous operation of this Part

Division   2--Carrying over registration of companies

1377   Division has effect subject to Division   7 regulations

1378   Existing registered companies continue to be registered

Division   3--Carrying over the old Corporations Regulations

1379   Division has effect subject to Division   7 regulations

1380   Old Corporations Regulations continue to have effect

Division   4--Court proceedings and orders

1381   Division has effect subject to Division   7 regulations

1382   Definitions

1383   Treatment of court proceedings under or related to the old corporations legislation--proceedings other than federal corporations proceedings

1384   Treatment of court proceedings under or related to the old corporations legislation--federal corporations proceedings

1384A   Appeals etc. in relation to some former federal corporations proceedings

1384B   Effect of decisions and orders made in federal corporations proceedings before commencement

1385   References to proceedings and orders in the new corporations legislation

Division   5--Other specific transitional provisions

1386   Division has effect subject to Division   7 regulations

1387   Certain applications lapse on the commencement

1388   Carrying over the Partnerships and Associations Application Order

1389   Evidentiary certificates

1390   Preservation of nomination of body corporate as SEGC

1391   Preservation of identification of satisfactory records

1392   Retention of information obtained under old corporations legislation of non - referring State

1393   Transitional provisions relating to section   1351 fees

1394   Transitional provisions relating to securities exchange fidelity fund levies

1395   Transitional provisions relating to National Guarantee Fund levies

1396   Transitional provisions relating to futures organisation fidelity fund levies

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

1397   Limitations on scope of this Division

1398   Provisions of this Division may have an overlapping effect

1399   Things done by etc. carried over provisions continue to have effect

1400   Creation of equivalent rights and liabilities to those that existed before the commencement under carried over provisions of the old corporations legislation

1401   Creation of equivalent rights and liabilities to those that existed before the commencement under repealed provisions of the old corporations legislation

1402   Old corporations legislation time limits etc.

1403   Preservation of significance etc. of events or circumstances

1404   References in the new corporations legislation generally include references to events, circumstances or things that happened or arose before the commencement

1405   References in the new corporations legislation to that legislation or the new ASIC legislation generally include references to corresponding provisions of the old corporations legislation or old ASIC legislation

1406   Carrying over references to corresponding previous laws

1407   References to old corporations legislation in instruments

1408   Old transitional provisions continue to have their effect

Division   7--Regulations dealing with transitional matters

1409   Regulations may deal with transitional matters

Part   10.2--Transitional provisions relating to the Financial Services Reform Act 2001

Division   1--Transitional provisions relating to the phasing - in of the new financial services regime

Subdivision A--Preliminary

1410   Definitions

Subdivision B--Treatment of existing markets

1411   When is a market being operated immediately before the FSR commencement?

1412   Treatment of proposed markets that have not started to operate by the FSR commencement

1413   Obligation of Minister to grant licences covering main existing markets

1414   Section   1413 markets--effect of licences and conditions

1415   Section   1413 markets--preservation of old Corporations Act provisions during transition period

1416   Section   1413 markets--powers for regulations to change how the old and new Corporations Act apply during the transition period

1417   Section   1413 markets--additional provisions relating to previously unregulated services

1418   Treatment of exempt stock markets and exempt futures markets (other than markets with no identifiable single operator)

1419   Treatment of exempt stock markets and exempt futures markets that do not have a single identifiable operator

1420   Treatment of stock markets of approved securities organisations

1421   Treatment of special stock markets for unquoted interests in a registered scheme

1422   Treatment of other markets that were not unauthorised

Subdivision C--Treatment of existing clearing and settlement facilities

1423   When is a clearing and settlement facility being operated immediately before the FSR commencement?

1424   Treatment of proposed clearing and settlement facilities that have not started to operate by the FSR commencement

1424A   Treatment of unregulated clearing and settlement facilities operated by holders of old Corporations Act approvals

1425   Obligation of Minister to grant licences covering main existing facilities

1426   Section   1425 facilities--effect of licences and conditions

1427   Section   1425 facilities--powers for regulations to change how the old and new Corporations Act apply during the transition period

1428   Section   1425 facilities--additional provisions relating to previously unregulated services

1429   Treatment of other clearing and settlement facilities

Subdivision D--Treatment of people who carry on financial services businesses and their representatives

1430   Meaning of regulated principal , regulated activities and relevant old legislation

1431   Parts   7.6, 7.7 and 7.8 of the amended Corporations Act generally do not apply to a regulated principal during the transition period

1432   Continued application of relevant old legislation

1433   Streamlined licensing procedure for certain regulated principals

1434   Special licences for insurance multi - agents during first 2 years after FSR commencement

1435   Licensing decisions made within the first 2 years of the FSR commencement--regard may be had to conduct and experience of applicant or related body corporate that currently provides same or similar services

1436   Treatment of representatives--general

1436A   Treatment of representatives--insurance agents

1437   Exemptions and modifications by ASIC

Subdivision E--Product disclosure requirements

1438   New product disclosure provisions do not apply to existing products during transition period

1439   Offences against new product disclosure provisions--additional element for prosecution to prove if conduct occurs after opting - in and before the end of the first 2 years

1440   Continued application of certain provisions of old disclosure regimes during transition period

1441   Certain persons who are not yet covered by Parts   7.6, 7.7 and 7.8 of the amended Corporations Act are required to comply with Part   7.9 obligations as if they were regulated persons

1442   Exemptions and modifications by ASIC

Subdivision F--Certain other product - related requirements

1442A   Deferred application of hawking prohibition

1442B   Deferred application of confirmation of transaction and cooling - off provisions etc.

Division   2--Other transitional provisions

1443   Definitions

1444   Regulations may deal with transitional, saving or application matters

1445   ASIC determinations may deal with transitional, saving or application matters

Part   10.3--Transitional provisions relating to the Corporations Legislation Amendment Act 2003

1447   Application of sections   601AB and 601PB

1448   Application of amendments made by Schedule   4 to the Corporations Legislation Amendment Act 2003

Part   10.4--Transitional provisions relating to the Financial Services Reform Amendment Act 2003

1449   Definition

1450   Application of Part   10.2 to Chapter   7 as amended by Schedule   2 to the amending Act

1451   Provisions relating to the scope of the amendments of Chapter   7 made by Schedule   2

1452   Amendments of section   1274

Part   10.5--Transitional provisions relating to the Corporate Law Economic Reform Program (Audit Reform and Corporate Disclosure) Act 2004

1453   Definitions

1454   Audit reforms in Schedule   1 to the amending Act (auditing standards and audit working papers retention rules)

1455   Audit reforms in Schedule   1 to the amending Act (adoption of auditing standards made by accounting profession before commencement)

1456   Audit reforms in Schedule   1 to the amending Act (new competency standard provisions)

1457   Audit reforms in Schedule   1 to the amending Act (new annual statement requirements for auditors)

1458   Audit reforms in Schedule   1 to the amending Act (imposition of conditions on existing registration as company auditor)

1459   Audit reforms in Schedule   1 to the amending Act (application of items   62 and 63)

1460   Audit reforms in Schedule   1 to the amending Act (non - audit services disclosure)

1461   Audit reforms in Schedule   1 to the amending Act (auditor appointment)

1462   Audit reforms in Schedule   1 to the amending Act (auditor independence)

1463   Audit reforms in Schedule   1 to the amending Act (auditor rotation)

1464   Audit reforms in Schedule   1 to the amending Act (listed company AGMs)

1465   Schedule   2 to the amending Act (financial reporting)

1466A   Schedule   2A to the amending Act (true and fair view)

1466   Schedule   3 to the amending Act (proportionate liability)

1467   Schedule   4 to the amending Act (enforcement)

1468   Schedule   5 to the amending Act (remuneration of directors and executives)

1469   Schedule   6 to the amending Act (continuous disclosure)

1470   Schedule   7 to the amending Act (disclosure rules)

1471   Schedule   8 to the amending Act (shareholder participation and information)

Part   10.8--Transitional provisions relating to the Corporations Amendment (Takeovers) Act 2007

1478   Application of amendments of the takeovers provisions

Part   10.9--Transitional provisions relating to the Corporations Amendment (Insolvency) Act 2007

1479   Definition

1480   Schedule   1 to the amending Act (improving outcomes for creditors)

1481   Schedule   2 to the amending Act (deterring corporate misconduct)

1482   Schedule   3 to the amending Act (improving regulation of insolvency practitioners)

1483   Schedule   4 to the amending Act (fine - tuning voluntary administration)

Part   10.10--Transitional provisions relating to the Corporations Amendment (Short Selling) Act 2008

1484   Declarations under paragraph   1020F(1)(c) relating to short selling

Part   10.11--Transitional provisions relating to the Corporations Amendment (No.   1) Act 2009

1485   Application of new subsection   206B(6)

1486   Application of new section   206EAA

Part   10.12--Transitional provisions relating to the Corporations Legislation Amendment (Financial Services Modernisation) Act 2009

Division   1--Transitional provisions relating to Schedule   1 to the Corporations Legislation Amendment (Financial Services Modernisation) Act 2009

1487   Definitions

1488   Application of amendments--general

1489   Applications of amendments--application for and grant of licences etc. authorising margin lending financial services

1490   Application of amendments--between 6 and 12 months after commencement

1491   Acquisition of property

1492   Regulations

Division   2--Transitional provisions relating to Schedule   2 to the Corporations Legislation Amendment (Financial Services Modernisation) Act 2009

1493   Definitions

1494   Transitional provisions relating to limit on control of trustee companies

1495   Transitional provisions relating to the amendments of Chapter   7

1496   General power for regulations to deal with transitional matters

Division   3--Transitional provisions relating to Schedule   3 to the Corporations Legislation Amendment (Financial Services Modernisation) Act 2009

1497   Definitions

1498   Application of amendments

Part   10.13--Transitional provisions relating to the Personal Property Securities (Corporations and Other Amendments) Act 2010

1499   Definitions

1500   Charges, liens and pledges--continuation of restriction of references

1501   Charges, liens, pledges and third party property--application

1501A   References to the whole or substantially the whole of a company's property

1501B   Constructive notice of registrable charges

1502   Repeal of Chapter   2K (charges)--general

1503   Repeal of Chapter   2K (charges)--cessation of requirements in relation to documents or notices

1504   Repeal of Chapter   2K (charges)--application of section   266

1505   Repeal of Chapter   2K (charges)--cessation of company registration requirements

1506   Repeal of Chapter   2K (charges)--priority between registrable charges

1507   New section   440B (restrictions on third party property rights)

1508   New subsection   442CB(1) (administrator's duty of care)

1509   New section   588FP (security interests in favour of an officer of a company etc. void)

1510   Winding up applied for before the commencement time

Part   10.14--Transitional provisions relating to the Corporations Amendment (Corporate Reporting Reform) Act 2010

1510A   Definition

1510B   Application of Part   1 of Schedule   1 to the amending Act

Part   10.15--Transitional provisions relating to the Corporations Amendment (Financial Market Supervision) Act 2010

1511   Definition

1512   Application of amendments

1513   Regulations may deal with transitional matters

Part   10.16--Transitional provisions relating to the Corporations Amendment (No.   1) Act 2010

1516   Application of amendments

Part   10.17--Transitional provisions relating to the Corporations Amendment (Improving Accountability on Director and Executive Remuneration) Act 2011

1517   Application of Subdivision B of Division   1 of Part   2D.3

1518   Application of sections   206J, 206K, 206L and 206M

1519   Application of subsection   249L(2)

1520   Application of section   250BB

1521   Application of section   250BC

1522   Application of section   250BD

1523   Application of subsections   250R(4) to (10)

1524   Application of Division   9 of Part   2G.2

1525   Application of amendments of section   300A

Part   10.18--Transitional and application provisions relating to the Future of Financial Advice Measures

Division   1--Provisions relating to the Corporations Amendment (Further Future of Financial Advice Measures) Act 2012

1526   Definitions

1527   Application of best interests obligations

1528   Application of ban on conflicted remuneration

1529   Application of ban on other remuneration--volume - based shelf - space fees

1530   Section   1350 does not apply to regulations made for the purposes of subsection   1528(2) or 1529(2)

1531   Application of ban on other remuneration--asset - based fees on borrowed amounts

Division   2--Provisions relating to the Corporations Amendment (Financial Advice Measures) Act 2016

1531A   Definitions

1531B   Best interests obligation

1531C   Renewal notices (opt - in requirement)

1531D   Disclosure statements

1531E   Conflicted remuneration

Part   10.19--Transitional provisions relating to the Corporations Amendment (Phoenixing and Other Measures) Act 2012

1532   Definition

1533   Part   1 of Schedule   1 to the amending Act (winding up by ASIC)

1534   Part   2 of Schedule   1 to the amending Act (publication requirements)

1535   Part   3 of Schedule   1 to the amending Act (miscellaneous amendments)

Part   10.20--Transitional provisions relating to the Corporations Legislation Amendment (Audit Enhancement) Act 2012

1536   Definitions

1537   Application of amendments relating to annual transparency reports

Part   10.21--Transitional provision relating to the Corporations Legislation Amendment (Financial Reporting Panel) Act 2012

1538   Courts etc. may have regard to Financial Reporting Panel report

Part   10.21A--Transitional provisions relating to the Superannuation Legislation Amendment (Service Providers and Other Governance Measures) Act 2013

1538A   Application of amendments relating to contributions to a fund or scheme

1538B   Application of amendments relating to Statements of Advice

Part   10.22--Transitional provisions relating to the Superannuation Legislation Amendment (Further MySuper and Transparency Measures) Act 2012

1539   Application of section   1017BA (Obligation to make product dashboard publicly available)

1540   Application of subsection   1017BB(1) (Obligation to make information relating to investment of assets of superannuation entities publicly available)

Part   10.22A--Transitional provisions relating to the Treasury Laws Amendment (Improving Accountability and Member Outcomes in Superannuation Measures No.   1) Act 2019

1541A   Application of amendments relating to portfolio holdings disclosure

Part   10.23--Transitional provisions relating to the Clean Energy Legislation (Carbon Tax Repeal) Act 2014

1542   Definition

1543   Transitional--carbon units issued before the designated carbon unit day

1544   Transitional--variation of conditions on Australian financial services licences

1545   Transitional--immediate cancellation of Australian financial services licences

1546   Transitional--statements of reasons for cancellation of Australian financial services licences

Part   10.23A--Transitional provisions relating to the Corporations Amendment (Professional Standards of Financial Advisers) Act 2017

Division   1--Definitions

1546A   Definitions

Division   2--Application and transitional provisions

1546C   Application of limitation on authorisation to provide personal advice and offence

1546D   Application of requirements relating to provisional relevant providers

1546E   Application of continuing professional development standard for relevant providers

1546F   Application of Code of Ethics to relevant providers

1546G   Application of obligations in relation to compliance schemes

1546H   Application of obligation for standards body to publish annual report

1546J   Application of obligation to notify ASIC about a person who becomes a relevant provider

1546K   Application of requirements relating to information about relevant provider's principal place of business

1546L   Application of requirements relating to information about membership of professional associations where relevant provider is licensee

1546M   Application of requirements relating to information about membership of professional associations where relevant provider is not licensee

1546N   Application of requirements relating to information about provisional relevant provider's work and training

1546P   Application of ongoing obligation to notify ASIC when there is a change in a matter for a relevant provider

1546Q   Application of obligation to notify ASIC about a person who starts to have control of a body corporate licensee

1546R   Application of obligation to notify ASIC about a person who ceases to have control of a body corporate licensee

1546S   Application of obligation for relevant providers to provide information to financial services licensees

1546T   Application of requirements relating to Register of Relevant Providers

1546U   Relevant provider numbers given before commencement

1546V   Continuation of Register of Relevant Providers

Division   3--Transitional notices

1546W   Obligation to notify ASIC of certain information

1546X   Obligation to notify ASIC of CPD year

1546ZA   Offence for failing to lodge transitional notices

Part   10.24--Transitional provisions relating to the Corporations Legislation Amendment (Deregulatory and Other Measures) Act 2014

1547   Definitions

1548   Application of amendments relating to calling of general meetings

1549   Application of amendments relating to directors' reports for listed companies

Part   10.24A--Transitional provisions relating to the Corporations Amendment (Life Insurance Remuneration Arrangements) Act 2017

1549A   Definitions

1549B   Applications of amendments relating to life risk insurance products

Part   10.25--Transitional provisions relating to the Insolvency Practice Schedule (Corporations)

Division   1--Introduction

1550   Simplified outline of this Part

1551   Definitions

Division   2--Application of Part   2 of the Insolvency Practice Schedule (Corporations) and related consequential amendments

Subdivision A--Registering liquidators

1552   Applications for registration under the old Act

1553   Persons registered under the old Act continue to be registered under the Insolvency Practice Schedule (Corporations)

1554   Old Act registrant's details

1555   Period of old Act registrant's registration under the Insolvency Practice Schedule (Corporations)

1556   Conditions for old Act registrants--conditions under the Insolvency Practice Schedule (Corporations)

1557   Current conditions for old Act registrants--undertakings under the old Act

1558   Current conditions for old Act registrants--undertakings under the ASIC Act

1559   Old Act registrant registered as liquidator of a specified body corporate

1560   Old Act registrant chooses not to renew

Subdivision B--Annual returns and statements

1561   Application of obligation to lodge annual liquidator returns

Subdivision C--Notice requirements

1562   Notice of significant events

Subdivision D--Cancellation by ASIC under the old Act

1563   Request for cancellation made before the commencement day

1564   Decision to cancel registration made before the commencement day

Subdivision E--Disciplinary proceedings before the Board

1565   Matters not dealt with by the Board before the commencement day

1566   Matters dealt with by the Board before the commencement day

1567   Matters which the Board refuses to deal with before the commencement day

1568   Board considering terminating suspension before the commencement day

1569   Sharing information between the Board and committees

Subdivision F--Suspension, cancellation and disciplinary action under the Insolvency Practice Schedule (Corporations)

1570   Direction to comply with requirement to lodge documents etc.

1571   Suspension by ASIC under the Insolvency Practice Schedule (Corporations)

1572   Cancellation by ASIC under the Insolvency Practice Schedule (Corporations)

1573   Show - cause notice under the Insolvency Practice Schedule (Corporations)

1574   Lifting or shortening suspension under the Insolvency Practice Schedule (Corporations)

1575   Action initiated by industry bodies

Subdivision G--Powers of the Court and other bodies

1576   Application of court powers under section   45 - 1 of the Insolvency Practice Schedule (Corporations)

1577   Powers to deal with registration under the old Act on or after the commencement day

Division   3--Application of Part   3 of the Insolvency Practice Schedule (Corporations) and related consequential amendments

Subdivision A--Introduction

1578   Simplified outline of this Division

Subdivision B--General rules for Part   3

1579   Application of Part   3 of the Insolvency Practice Schedule (Corporations)--general rules

Subdivision C--Remuneration and other benefits received by external administrators

1580   Application of Division   60 of the Insolvency Practice Schedule (Corporations)--general rule

1581   Old Act continues to apply in relation to remuneration for administrators already appointed

1582   Duties of administrators relating to remuneration and other benefits

1583   Old Act continues to apply in relation to any right of indemnity

1584   Application of new provisions about vacancies of court - appointed liquidator

1585   Application of new provisions about exercise of powers while company under external administration

Subdivision D--Funds handling

1586   Application of Division   65 of the Insolvency Practice Schedule (Corporations)--general rule

1587   Administration account

1588   Paying money into administration account

1589   Paying money out of administration account

1590   Handling securities

Subdivision E--Information

1591   Application of Division   70 of the Insolvency Practice Schedule (Corporations)--general rule

1592   Accounts and administration returns

1593   Administration books

1594   Audit of administration books

1595   Transfer of administration books

1596   Retention and destruction of administration books

1597   Giving information to creditors etc.

1598   Commonwealth may request information

1599   Reporting to ASIC

1600   Old Act continues to apply in relation to notices to remedy default

Subdivision F--Meetings

1601   Application of Division   75 of the Insolvency Practice Schedule (Corporations)--general rule

1602   External administrator must convene meetings in certain circumstances

1603   Old Act continues to apply in relation to reporting for first year of administration

1604   Old Act continues to apply to the deregistration of companies

1605   Old Act continues to apply for certain meetings convened etc. before commencement day

1606   Outcome of voting at creditors' meeting determined by related entity or on casting vote--Court powers

Subdivision G--Committees of inspection

1607   Application of Division   80 of the Insolvency Practice Schedule (Corporations)--general rules

1608   Appointing committees of inspection

1609   Old Act continues to apply to certain reports by administrator

1610   Membership of continued committees

1611   Validity of appointment under section   548 of the old Act not affected by lack of separate meeting of contributories

1612   Continued application of directions by creditors or committees under the old Act

1613   Committee of inspection may request information

1614   Duties of members of committee of inspection and creditors relating to profits and advantages etc.

Subdivision H--Review of the external administration of a company

1615   Application of Division   90 of the Insolvency Practice Schedule (Corporations)--general rule

1616   Application of the Insolvency Practice Schedule (Corporations) provisions that conflict with old Act Court orders--general rule

1617   Old Act continues to apply in relation to ongoing proceedings before a court--general rule

1618   Court powers to inquire into and make orders

1619   Review by another registered liquidator

1620   Removal by creditors

Division   4--Administrative review

1621   Administrative Appeals Tribunal or Administrative Review Tribunal proceedings

Division   5--Application of other consequential amendments

1622   Outcome of voting at creditors' meeting determined by related entity or on casting vote--Court powers

1623   Returns and accounts by controllers

1624   Transfer of books by a controller to a new controller or ASIC

1625   Officers reporting to controller about corporation's affairs

1626   Lodging notice of execution of a deed of company arrangement

1627   Office of liquidator appointed by the Court

1628   Report as to company's affairs to be submitted to liquidator

1629   Orders for release or deregistration

1630   Meeting relating to the voluntary winding up of a company

1631   Pooling determinations

1632   Electronic methods of giving or sending certain notices

1633   Deregistration following winding up

Division   6--Regulations

1634   Regulations

Part   10.26--Transitional provisions relating to Schedule   3 to the Insolvency Law Reform Act 2016

1635   Application of amendments made by Schedule   3 to the Insolvency Law Reform Act 2016

Part   10.28--Transitional provisions relating to the Treasury Laws Amendment (2016 Measures No.   1) Act 2017

1636A   Application of subsections   981D(2) and 984B(3)

1637   Application of subparagraph   1274(2)(a)(iva) and subsections   1274(2AA) and (2AB)

Part   10.30--Transitional provisions relating to the Treasury Laws Amendment (2017 Measures No.   5) Act 2018

1639   Definitions

1640   Application--obligation to comply with rules about financial benchmarks

1641   Application--offences relating to manipulation of financial benchmarks

1642   Application--extended meaning of financial products and Division   3 financial products for Part   7.10

Part   10.31--Transitional provisions relating to the Corporations Amendment (Crowd - sourced Funding for Proprietary Companies) Act 2018

1643   Application of amendments

Part   10.32--Transitional provisions relating to the Treasury Laws Amendment (Enhancing Whistleblower Protections) Act 2019

1644   Application of amendments

1644A   Application of amendments relating to penalties

Part   10.33--Transitional provisions relating to the Corporations Amendment (Asia Region Funds Passport) Act 2018

1645   Saving delegations

1646   Decisions to give, withdraw or not withdraw a notice under subsection   1313(1)

Part   10.34--Transitional provisions relating to the Corporations Amendment (Strengthening Protections for Employee Entitlements) Act 2019

1647   Application--protection of employee entitlements

1648   Application--contribution orders

1649   Application--director disqualification

Part   10.35--Application and transitional provisions relating to registries modernisation amendments

1650   Definitions

1650A   Validation of acts or things done during interim period

1650B   Application of amendments

1650C   Things started but not finished by ASIC

1650D   Register of Liquidators

Part   10.35A--Transitional provisions relating to Schedule   2 to the Treasury Laws Amendment (Registries Modernisation and Other Measures) Act 2020

1653   Director identification numbers

Part   10.36--Application and transitional provisions relating to the Treasury Laws Amendment (Strengthening Corporate and Financial Sector Penalties) Act 2019

1655   Definitions

1656   Application--offences

1657   Application--civil penalty provisions

1658   Application--offence provisions repealed and substituted with conduct rules with multiple consequences

1659   Application--infringement notices

1660   Application--definition of dishonesty

Part   10.37--Transitional provisions relating to the Treasury Laws Amendment (Combating Illegal Phoenixing) Act 2020

1661   Application of amendments

Part   10.38--Transitional provisions relating to Schedule   1 to the Treasury Laws Amendment (Mutual Reforms) Act 2019

1662   Application of amendments made by Schedule   1 to the Treasury Laws Amendment (Mutual Reforms) Act 2019

Part   10.39--Transitional provisions relating to Schedule   3 to the Financial Sector Reform (Hayne Royal Commission Response--Stronger Regulators (2019 Measures)) Act 2020

1663   Definitions

1664   Application--existing financial services licensee

1665   Application--applications made before commencement

Part   10.40--Transitional provisions relating to Schedule   4 to the Financial Sector Reform (Hayne Royal Commission Response--Stronger Regulators (2019 Measures)) Act 2020

1666   Application--conduct etc. relevant to new banning and disqualification orders

1667   Transitional--existing banning and disqualification orders

Part   10.41--Transitional provisions relating to the Treasury Laws Amendment (2019 Measures No.   3) Act 2020

1668   Transitional--delegations

Part   10.42--Transitional provisions relating to the Coronavirus Economic Response Package Omnibus Act 2020

1669   Application of amendments made by Schedule   12 to the Coronavirus Economic Response Package Omnibus Act 2020

Part   10.43--Application provisions relating to Schedule   10 to the Financial Sector Reform (Hayne Royal Commission Response) Act 2020

1670   Application of Reference Checking and Information Sharing Protocol

Part   10.44--Application and transitional provisions relating to Schedule   11 to the Financial Sector Reform (Hayne Royal Commission Response) Act 2020

1671   Definitions

1671A   Continued application of paragraph   601FC(1)(l) and section   912D

1671B   Application of sections   912DAA and 912DAB

1671C   Application of section   912DAC

1671D   Application of ASIC's obligations to publish information under section   912DAD

1671E   Application of provisions dealing with notifying and compensating a person affected by a reportable situation

Part   10.45--Transitional provisions relating to the Financial Sector Reform (Hayne Royal Commission Response) Act 2020

1672   Transitional--Banking Code of Practice

Part   10.46--Application and transitional provisions relating to Schedule   1 to the Financial Sector Reform (Hayne Royal Commission Response No. 2) Act 2021

Division   1--Introduction

1673   Definitions

Division   2--New ongoing fee arrangements

1673A   Application provision for new ongoing fee arrangements

Division   3--Existing ongoing fee arrangements

1673B   Application of this Division

1673C   Application--annual requirement to give fee disclosure statement

1673D   Transitional--existing obligation to give a fee disclosure statement under section   962G

1673E   Transitional--existing obligation to give a renewal notice and fee disclosure statement under section   962K

1673F   Application--consent requirements for deductions of ongoing fees

1673G   Application--compliance records

Part   10.47--Application and transitional provisions relating to Schedule   2 to the Financial Sector Reform (Hayne Royal Commission Response No. 2) Act 2021

1674   Application of disclosure of lack of independence reforms

1674A   Obligation to give updated Financial Services Guide

Part   10.48--Application and transitional provisions relating to Schedule   7 to the Financial Sector Reform (Hayne Royal Commission Response) Act 2020

1675   Definitions

1675A   Application of claims handling and settling services reforms

1675B   Transition periods

1675C   Application during transition period

Part   10.49--Transitional provisions relating to Schedule   9 to the Financial Sector Reform (Hayne Royal Commission Response) Act 2020

1676   Definitions

1676A   Automatic extension of licence conditions on the commencement day--licensees who are authorised to deal

1676B   Automatic extension of licence conditions--licence applications pending just before commencement day

1676C   Automatic extension of licence conditions--variation applications pending just before commencement day

1676D   Automatic licence conditions may be varied etc.

Part   10.51--Transitional provisions relating to the Territories Legislation Amendment Act 2020

1678   Definitions

1678A   Registration of Norfolk Island companies--general

1678B   Registration of Norfolk Island companies--registration process and other matters

1678C   Registration of Norfolk Island companies--provision of information

1678E   Saving of rules in relation to particular corporations

1678F   Director identification numbers--Norfolk Island company directors

Part   10.52--Application and transitional provisions relating to Schedule   1 to the Treasury Laws Amendment (2021 Measures No. 1) Act 2021

1679   Definitions

1679A   Application--virtual meetings and electronic communications

1679C   Application--recording and keeping of minute books

1679D   Application--execution of documents

Part   10.53--Application and transitional provisions relating to meetings and communications under the Corporations Amendment (Corporate Insolvency Reforms) Act 2020

1680   Definitions

1680A   Application of COVID - 19 instrument

1680B   Validation of things done under COVID - 19 instruments

Part   10.54--Application provisions relating to simplified liquidation process under the Corporations Amendment (Corporate Insolvency Reforms) Act 2020

1681   Application of amendments relating to the simplified liquidation process

Part   10.55--Transitional provisions relating to the Treasury Laws Amendment (Your Future, Your Super) Act 2021

1682   Application of amendment relating to portfolio holdings disclosure

Part   10.56--Application and transitional provisions relating to the Treasury Laws Amendment (2021 Measures No. 1) Act 2021

1683   Definitions

1683A   Application

1683B   Review of operation of laws

1683C   Amendments made by Schedule   2 to the amending Act cease to have effect if review of operation of laws is not conducted

Part   10.57--Transitional provisions relating to the Financial Sector Reform (Hayne Royal Commission Response--Better Advice) Act 2021 and related measures

Division   1--Definitions

1684   Definitions

Division   2--Transitional provisions for existing providers

1684AA   Experienced provider pathway

1684A   Application--qualifications for existing providers

1684B   Application--exam for existing providers

1684C   Application--existing providers who meet certain education and training standards exempt from work and training requirement

1684D   Application--limitation on authorisation of existing providers to provide personal advice

1684E   Transitional--Minister may determine courses for certain purposes

Division   3--Other transitional provisions relating to the amending Act

1684F   Transitional--exams

1684G   Application--continuing professional development

1684H   Application--action against relevant providers

1684J   Application--recommendations to ASIC in relation to restricted civil penalty provisions

1684K   Application--warnings and reprimands

1684M   Saving--determinations made for education and training standards

1684N   Saving--word or expression to refer to a provisional relevant provider

1684P   Saving--Code of Ethics

1684Q   Transitional--approvals of foreign qualifications

1684R   Saving--approvals of foreign qualifications that are in force

1684S   Transitional--approvals of foreign qualifications that are not yet in force

1684T   Transitional--orders under section   30 - 20 of the old Tax Agent Services Act

1684U   Transitional--deemed registration of certain relevant providers

1684V   Transitional--transfer of documents

Division   3A--Transitional provisions relating to the second amending Act

1684VA   Application of amendment--approval of domestic qualifications

1684VB   Transitional--determination approving degrees and qualifications

1684VC   Certain requirements for registered tax agents

Part   10.58--Application and transitional provisions relating to Schedule   6 to the Treasury Laws Amendment (2022 Measures No. 4) Act 2023

1685   Financial reporting and auditing requirements for registrable superannuation entities

Part   10.59--Application provisions relating to the Treasury Laws Amendment (2021 Measures No. 5) Act 2021

1686   Definitions

1686A   Qualified privilege for restructuring practitioners

1686B   Protection of persons dealing with restructuring practitioner

1686C   Eligibility criteria for simplified liquidation

1686D   Powers and duties of liquidator

1686E   Withdrawal of market bids

Part   10.60--Application and transitional provisions relating to the Corporations Amendment (Meetings and Documents) Act 2022

1687   Definitions

1687A   Application--Signing and execution of documents

1687B   Application--meetings

1687C   Application--sending documents

1687D   Transitional--elections to be sent documents in hard copy made under section   253RB or 253RC

1687E   Transitional--elections to receive annual reports in particular form

1687F   Transitional--elections not to be sent annual reports

1687G   Transitional--requests for full reports

1687H   Transitional--other elections to be sent documents in particular form

1687J   Review of operation of laws

1687K   Provisions relating to holding virtual - only meetings cease to have effect if report of review of operation of laws is not tabled within certain period

Part   10.62--Application provisions relating to Schedule   8 to the Corporate Collective Investment Vehicle Framework and Other Measures Act 2022

1689   Definitions

1690   Application of paragraph   912D(3)(e)

1691   Application of subsection   912D(6)

1692   Saving of regulation   7.6.04A of the Corporations Regulations   2001

Part   10.63--Application provisions relating to Part   7 of Schedule   4 to the Treasury Laws Amendment (2022 Measures No. 1) Act 2022

1693   Definitions

1693A   Application provision

1693B   Instruments that provide relief from requirements of this Act--Lodgement of annual reports by large proprietary companies

Part   10.64--Application and transitional provisions relating to Schedules   1 and 4 to the Treasury Laws Amendment (Modernising Business Communications and Other Measures) Act 2023

Division   1--Modernising Business Communications

1694   Definitions

1694A   Application--signing documents

1694B   Application--sending documents

1694C   Application--uncontactable members

1694D   Application--directors' meetings

1694E   Transitional--elections by Australian members of notified foreign passport funds to receive annual reports in particular form etc.

1694F   Transitional--elections by members of companies limited by guarantee to receive reports etc.

Division   2--Miscellaneous and Technical Amendments

1694G   Application of amendments made by Division   2 of Part   1 of Schedule   4 to the Treasury Laws Amendment (Modernising Business Communications and Other Measures) Act 2023

1694H   Application of amendments made by Division   16 of Part   1 of Schedule   4 to the Treasury Laws Amendment (Modernising Business Communications and Other Measures) Act 2023

1694J   Transitional--Reference Checking and Information Sharing Protocol

Part   10.66--Transitional provisions relating to Schedule   4 of the Treasury Laws Amendment (Cost of Living Support and Other Measures)   Act 2022

1696   Employee share schemes--recognised foreign markets

Part   10.67--Application provisions relating to Schedule   4 to the Treasury Laws Amendment (2022 Measures No. 1) Act 2022

1697   Application of amendment to obligation to make product dashboard publicly available

Part   10.68--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

1698   Definitions

1698A   Translation of references in instruments

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

1698B   Definitions

1698C   Translation of references in instruments

1698D   Calculation of time

1698E   Saving of Part   5D.6 authorisations

1698F   Saving of existing prescribed forms

1689G   Saving of existing regulations that are not to be remade

1698H   Saving of declarations that a specified facility etc. is not a financial product

1698J   Saving of appointments and delegations under Part   7.5

1698K   Amendments of Division   5 of Part   7.8A do not affect the continuity of instruments made under section   994L

1698L   Amendments of Part   9.12 do not affect the continuity of the regulations

Part   10.69--Transitional provisions relating to Schedule   1 to the Treasury Laws Amendment (2023 Measures No. 1) Act 2023

1699   Definitions

1699A   Transitional--registration of relevant providers

1699B   Transitional--relevant providers who are financial services licensees applying to be registered

1699C   Transitional--financial services licensees applying to register relevant providers

1699D   Transitional--registration suspension orders

1699E   Transitional--registration prohibition orders

1699F   Transitional--action by Financial Services and Credit Panels against relevant providers

1699G   Application of amendment--requirement for relevant providers to be registered

1699H   Application of amendment--deemed registration of certain relevant providers

Part   10.70--Application provisions relating to Schedule   5 to the Treasury Laws Amendment (2023 Law Improvement Package No. 1) Act 2023

1700   Exemptions from requirement to give Financial Services Guide

Part   10.71--Application provisions relating to the Treasury Laws Amendment (2023 Measures No. 3) Act 2023

1701   Schemes for avoiding certain product intervention orders

Part   10.72--Application provisions relating to Schedule   1 to the Treasury Laws Amendment (Making Multinationals Pay Their Fair Share--Integrity and Transparency) Act 2024

1702   Application of amendments

Part   10.73--Application provisions relating to Schedule   8 to the Treasury Laws Amendment (Support for Small Business and Charities and Other Measures) Act 2024

1703   Application provision

Part   10.75--Application and transitional provisions relating to Schedule   2 to the Treasury Laws Amendment (Financial Market Infrastructure and Other Measures) Act 2024

Division   1--Definitions

1705   Definitions

Division   2--Granting of Australian CS facility licences

1705A   Application of amendments--applications for Australian CS facility licences

1705B   Transitional--Australian CS facility licences in force before the commencement time

1705C   Transitional--Australian CS facility licences in force before the commencement time for operating overseas clearing and settlement facilities

1705D   Transitional--applications for an Australian CS facility licence undecided before the commencement time

Division   3--Dealing with licences that are not being used etc.

1705E   Application of amendments--suspension or cancellation of licences

Division   4--Declared financial markets and widely held market bodies

Subdivision A--Declared financial markets

1705F   Transitional--prescribed financial markets to be declared financial markets

1705G   Translation of references to prescribed financial markets in instruments

Subdivision B--Widely held market bodies

1705H   Transitional--widely held market bodies

1705J   Application of amendments--preservation of voting power

1705K   Transitional--pre - commencement approvals granted for preservation of voting power

Division   5--Approval for control of certain Australian licensees

1705L   Transitional--preservation of voting power in controlled Australian financial bodies

1705M   Application of amendments--market licensees and CS facility licensees

Division   6--Limits on certain market licences and CS facility licences

1705N   Transitional--exemptions (Part   7.2)

1705P   Transitional--exemptions (Part   7.3)

Division   7--Rule - making

1705Q   Application of amendments

Division   8--Streamlining some of ASIC's existing directions powers

1705R   Application of amendments

Division   9--Enhancing regulator powers for CS facility licensees

1705S   Transitional--directions power to reduce systemic risk

Part   10.76--Application and transitional provisions relating to Schedule   3 to the Treasury Laws Amendment (Financial Market Infrastructure and Other Measures) Act 2024

1706   Definitions

1706A   Transitional--Ministerial instruments

1706B   Application of amendments--special reports and audit reports

1706C   Transitional--reports in relation to market licensees

1706D   Transitional--reports in relation to CS facility licensees

Part   10.77--Application and transitional provisions relating to Schedule   4 to the Treasury Laws Amendment (Financial Market Infrastructure and Other Measures) Act 2024

Division   1--Preliminary

1707   Definitions

Division   2--Sustainability reporting

1707A   Application of amendments--place where sustainability records are kept

1707B   Application of amendments--sustainability reporting

1707C   Application of amendments--directors' declaration

1707D   Limited immunity for statements in new sustainability reporting

Division   3--Audit and review

1707E   Accounting standards must deal with audit and review of sustainability reports before 1   July 2030

1707F   Review of sustainability report before 1   July 2030

Division   4--Review of operation of laws

1707G   Review of operation of laws

Part   10.78--Provisions relating to Schedule   1 to the Treasury Laws Amendment (Delivering Better Financial Outcomes and Other Measures) Act 2024

Division   1--Ongoing fee arrangements

1708   Definitions

1708A   Application--new ongoing fee arrangements

1708B   Application--existing ongoing fee arrangements

Division   2--Conflicted remuneration

1708C   Benefits given by a retail client

1708D   Benefits for employees of ADIs

 

 



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