Commonwealth Consolidated Acts

CORPORATIONS ACT 2001 - SECT 994J

  (1)   This section applies if ASIC is satisfied that a provision of Division   2, or section   994E, has been contravened in relation to a financial product.

  (2)   ASIC may order, in writing, that specified conduct in relation to retail clients in respect of the financial product (except excluded conduct) must not be engaged in while the order is in force. The order is not a legislative instrument.

  (3)   Before making an order under subsection   (2), ASIC must:

  (a)   hold a hearing; and

  (b)   give a reasonable opportunity to any interested person to make oral or written submissions to ASIC on whether an order should be made.

  (4)   If ASIC considers that any delay in making an order under subsection   (2) pending the holding of a hearing would be prejudicial to the public interest, ASIC may make an interim order under that subsection. The interim order may be made without holding a hearing and lasts for 21 days after the day on which it is made unless revoked before then.

  (5)   At any time during the hearing, ASIC may make an interim order under subsection   (2). The interim order lasts until:

  (a)   ASIC makes an order under subsection   (2) after the conclusion of the hearing; or

  (b)   the interim order is revoked;

whichever happens first.

  (6)   If ASIC makes an order under subsection   (2) in relation to a financial product, ASIC must serve a copy of the order on the person who made or was required to make the target market determination.

  (7)   The person on whom the order is served must take all reasonable steps to ensure that other people who engage in conduct to which the order applies are aware of the order.

Note 1:   Failure to comply with this subsection is an offence (see subsection   1311(1)).

Note 2:   This subsection is also a civil penalty provision (see section   1317E). For relief from liability to a civil penalty relating to this subsection, see section   1317S.

  (8)   The person on whom the order is served, or a person who is aware of the order, must not engage in conduct contrary to the order.

Note 1:   Failure to comply with this subsection is an offence (see subsection   1311(1)).

Note 2:   This subsection is also a civil penalty provision (see section   1317E). For relief from liability to a civil penalty relating to this subsection, see section   1317S.