Commonwealth Consolidated Regulations

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CORPORATIONS REGULATIONS 2001

- made under the Corporations Act 2001

TABLE OF PROVISIONS

            

CHAPTER 1--Introductory
            

   PART 1.0----MISCELLANEOUS

   1.0.01. Name of Regulations  
   1.0.02. Definitions  
   1.0.02AA.Meaning of basic deposit product--prescription of prior notice requirement  
   1.0.02AB.Meaning of prescribed CS facility  
   1.0.02A.Meaning of prescribed financial market  
   1.0.02B.Proprietary company thresholds (Act s 45A)  
   1.0.03. Prescribed forms (Act s 350)  
   1.0.03A.Documents that must be in the prescribed form  
   1.0.03B.Documents that must be lodged with ASIC  
   1.0.03C.Documents that must be in a form approved by ASIC  
   1.0.04. Directions and instructions in forms  
   1.0.05. Documents and information required by forms  
   1.0.06. Annexures accompanying forms  
   1.0.07. General requirements for documents  
   1.0.08. Information to accompany financial documents lodged for financial years  
   1.0.09. Information to accompany financial documents etc lodged for half-years  
   1.0.10. Continuous disclosure notices  
   1.0.11. Certain documents to be signed by personal representatives etc  
   1.0.12. Form of notice of resolution  
   1.0.13. Time for lodging documents  
   1.0.14. Address of registered office or place of business  
   1.0.15. Affidavits and statements in writing  
   1.0.16. Certification and verification of certain documents  
   1.0.17. Documents signed or sworn in accordance with the rules of court  
   1.0.18. Prescribed provisions (Act s 53)  
   1.0.20. Copies of orders to be lodged  
   1.0.21. Identification of lodged orders  
   1.0.22. Meaning of this jurisdiction--specification of external Territories for specified provisions of Chapter 7 of the Act  

   PART 1.1----PRESCRIBED AMOUNTS

   1.1.01. Prescribed amounts  

   PART 1.2----INTERPRETATION

           Division 1--General

   1.2.01. Remuneration recommendations (Act s 9B)  

   PART 1.2A----DISCLOSING ENTITIES

   1.2A.01.Securities declared not to be ED securities  
   1.2A.02.Foreign companies issuing securities under foreign scrip offers etc exempt from disclosing entity provisions  
   1.2A.03.Foreign companies issuing securities under employee share scheme exempt from the disclosing entity provisions  
            

CHAPTER 2A--Registration of companies
            

   PART 2A.1----SIZE OF PARTNERSHIPS OR ASSOCIATIONS (ACT S 115(2))

   2A.1.01.Size of partnerships or associations  

   PART 2A.2----CHANGE OF PLACE OF REGISTRATION OF COMPANY (ACT S 119A(3))

   2A.2.01.Approval of application for change of place of registration  
   2A.2.02.Special resolution may be set aside by Court order  
   2A.2.03.Application for change of place of registration  
   2A.2.04.Change of place of registration  
            

CHAPTER 2B--Basic features of a company
            

   PART 2B.6----NAMES

   2B.6.01.Availability of names (Act s 147)  
   2B.6.02.Consents required for use of certain letters, words and expressions  
   2B.6.02A.Exemption from requirement to include "Limited" in name  
   2B.6.03.Exemptions from requirement to set out name and ACN on certain documents (Act s 155)  
            

CHAPTER 2C--Registers
            

   PART 2C.1----REGISTERS GENERALLY

           Division 2C.1.1--Location of register

   2C.1.01.Form of notice  

           Division 2C.1.2--Right to inspect and get copies of register

   2C.1.02.Form of register  
   2C.1.03.Improper purposes for getting copy of register  
   2C.1.04.Information to be included in application for copy of register  

           Division 2C.1.3--Use of information on registers by bodies corporate

   2C.1.05.Contact with members after failure to provide copy of register  
            

CHAPTER 2D--Officers and employees
            

   PART 2D.2----RESTRICTIONS ON INDEMNITIES, INSURANCE AND TERMINATION PAYMENTS

           Division 2D.2.2--Termination payments

   2D.2.01.Meaning of base salary  
   2D.2.02.Meaning of benefit  
   2D.2.03.When benefit given in connection with retirement from an office or a position  

   PART 2D.6----DISQUALIFICATION FROM MANAGING CORPORATIONS

           Division 2D.6.1--Automatic disqualification (Act s 206B)

   2D.6.01.Prescribed foreign jurisdictions (Act s 206B(7))  

   PART 2D.7----BAN ON HEDGING REMUNERATION OF KEY MANAGEMENT PERSONNEL

   2D.7.01.Hedging arrangements (Act s 206J(3))  
            

CHAPTER 2E--Related party transactions
            

   2E.1.01.Small amounts given to related entity  
            

CHAPTER 2G--Meetings
            

   PART 2G.2----MEETINGS OF MEMBERS OF COMPANIES

           Division 6--Proxies and body corporate representatives

   2G.2.01.Authentication of appointment of proxy (Act s 250A)  
            

CHAPTER 2K--Charges
            

   PART 2K.2----REGISTRATION

   2K.2.01.Lien or charge on crop or wool, or stock mortgage, that is a registrable security: prescribed law--subsection 262(5) of the Act  
   2K.2.02.Time period for the provisional registration of charges  
   2K.2.03.Charge that is a registrable security: specified law--paragraphs 273A(4)(b), 273B(3)(b) and 273C(3)(b) of the Act  
            

CHAPTER 2L--Debentures
            

   PART 2L.2----DUTIES OF BORROWER

   2L.2.01.Register relating to trustees for debenture holders  
            

CHAPTER 2M--Financial reports and audit
            

   PART 2M.3----FINANCIAL REPORTING

           Division 1--Annual financial reports and directors' reports

   2M.3.01.Disclosures required by notes to consolidated financial statements--annual financial reports (Act s 295)  
   2M.3.03.Prescribed details (Act s 300A)  
   2M.3.04.Prescribed details--annual directors' report of a registrable superannuation entity  

   PART 2M.4----AUDITOR

   2M.4.01A.Membership designations (Act s 324BE)  
   2M.4.01.Notice of appointment of auditors  

   PART 2M.4A----ANNUAL TRANSPARENCY REPORTS FOR AUDITORS

   2M.4A.01.Application  
   2M.4A.02.Content of annual transparency report (Act s 332B)  

   PART 2M.6----MODIFICATION OF THE OPERATION OF CHAPTER 2M OF THE ACT

   2M.6.01.Modifications (Act s 343)  
   2M.6.05.Conduct of auditor--relevant relationships  
            

CHAPTER 2N--Updating ASIC information about companies and registered schemes
            

   PART 2N.2----EXTRACT OF PARTICULARS

   2N.2.01.Particulars ASIC may require in an extract of particulars (Act s 346B)  

   PART 2N.4----RETURN OF PARTICULARS

   2N.4.01.Particulars ASIC may require in a return of particulars (Act s 348B)  
            

CHAPTER 5--External administration
            

   PART 5.1----ARRANGEMENTS AND RECONSTRUCTIONS

   5.1.01. Prescribed information for paragraph 411(3)(b) and subparagraph 412(1)(a)(ii) of the Act  
   5.1.50. Prescribed kinds of contracts, agreements or arrangements under which rights are not subject to the stay in section 415D of the Act  

   PART 5.2----RECEIVERS, AND OTHER CONTROLLERS, OF CORPORATIONS

   5.2.01. Controller's notice to owner or lessor of property--how given  
   5.2.02. Certified copies of reports  
   5.2.50. Prescribed kinds of contracts, agreements or arrangements under which rights are not subject to the stay in section 434J of the Act  

   PART 5.3A----ADMINISTRATION OF A COMPANY'S AFFAIRS WITH A VIEW TO EXECUTING A DEED OF COMPANY ARRANGEMENT

   5.3A.03A.Notice of first meeting of creditors  
   5.3A.05.Administrator's notice to owner or lessor of property--how given  
   5.3A.06.Provisions included in deed of company arrangement  
   5.3A.06A.Notice of resolution to wind up voluntarily  
   5.3A.07A.Notice of appointment of administrator  
   5.3A.50.Prescribed kinds of contracts, agreements or arrangements under which rights are not subject to the stay in section 451E of the Act  

   PART 5.3B----RESTRUCTURING OF A COMPANY

           Division 1--Preliminary

   5.3B.01.Definitions  

           Division 2--Restructuring

              Subdivision A--Restructuring generally

   5.3B.02.When restructuring ends  
   5.3B.03.Eligibility criteria for restructuring  
   5.3B.04.Transactions or dealings in the ordinary course of business  
   5.3B.05.Consent to transactions or dealings outside the ordinary course of business  
   5.3B.06.Termination of restructuring  

              Subdivision B--Restructuring practitioner for company under restructuring

   5.3B.07.Authority  
   5.3B.08.Powers of restructuring practitioner for company under restructuring  
   5.3B.09.Replacement restructuring practitioner must fulfil certain past requirements  
   5.3B.11.Protection from liability  

              Subdivision C--Stay on enforcing rights merely because the company is under restructuring etc

   5.3B.12.Prescribed kinds of contracts, agreements or arrangements under which rights are not subject to the stay in section 454N of the Act  

           Division 3--Restructuring plan

              Subdivision A--Preliminary

   5.3B.13.Authority  

              Subdivision B--Proposing a restructuring plan

   5.3B.14.How a restructuring plan is proposed  
   5.3B.15.Contents of restructuring plan  
   5.3B.16.Restructuring proposal statement  
   5.3B.17.Meaning of proposal period  
   5.3B.18.Restructuring practitioner must make declaration in relation to restructuring plan  
   5.3B.19.Restructuring practitioner must notify company of defect in restructuring plan  
   5.3B.20.Proposal to make restructuring plan lapses  
   5.3B.21.Proposing a restructuring plan to creditors  
   5.3B.22.Creditors may dispute schedule of debts and claims before restructuring plan is made  
   5.3B.23.Creditors may change vote  
   5.3B.24.Company under restructuring must do certain things  

              Subdivision C--Accepting a proposal for a restructuring plan

   5.3B.25.Acceptance of restructuring plan  
   5.3B.26.How a restructuring plan is made  
   5.3B.27.Standard terms for restructuring plans  
   5.3B.28.Parties to restructuring plan  
   5.3B.29.Effect of restructuring plan  
   5.3B.30.Protection of company's property from persons bound by restructuring plan  
   5.3B.31.When restructuring plan terminates  
   5.3B.32.Effect of termination or avoidance  

              Subdivision D--Restructuring practitioner for a restructuring plan

   5.3B.33.Appointment of restructuring practitioner for restructuring plan  
   5.3B.34.Vacancy in office of restructuring practitioner for restructuring plan  
   5.3B.35.Declaration by new and replacement restructuring practitioners--relevant relationships  
   5.3B.36.Replacement declarations--relevant relationships  
   5.3B.37.Functions of restructuring practitioner for restructuring plan  
   5.3B.38.Replacement restructuring practitioner must lodge outstanding notices etc.  
   5.3B.39.When restructuring practitioner may dispose of encumbered property  
   5.3B.42.Protection from liability  
   5.3B.43.Right of indemnity  
   5.3B.44.Right of indemnity has priority over other debts  
   5.3B.45.Lien to secure indemnity  

           Division 4--The restructuring practitioner

   5.3B.46.Authority  
   5.3B.47.Company must notify restructuring practitioner of certain matters  

           Division 5--Information, reports, documents etc

              Subdivision A--Preliminary

   5.3B.48.Authority  

              Subdivision B--Information, reports, documents etc

   5.3B.49.Declaration by directors--eligibility to be under restructuring and other matters  
   5.3B.50.Notice of appointment of restructuring practitioner for company  
   5.3B.51.Notice of termination of appointment of restructuring practitioner for company  
   5.3B.52.Notice of restructuring plan etc. given to affected creditors  
   5.3B.53.Notice of end of restructuring  

              Subdivision C--Information, reports, documents etc

   5.3B.54.Notice of appointment of restructuring practitioner for restructuring plan  
   5.3B.55.Notice of making of restructuring plan  
   5.3B.56.Notice of contravention of restructuring plan  
   5.3B.57.Notice of termination of restructuring plan  
   5.3B.58.Notice of termination of appointment of restructuring practitioner for restructuring plan  

           Division 6--Powers of Court

   5.3B.59.Authority  
   5.3B.60.Court may make orders in relation to creditor disputes before restructuring plan is made  
   5.3B.61.When Court may vary restructuring plan  
   5.3B.62.When Court may void or validate restructuring plan  
   5.3B.63.When Court may terminate restructuring plan  
   5.3B.64.Court may limit rights of secured creditor or owner or lessor  

           Division 7--Other matters

   5.3B.65.Approved forms  

   PART 5.4----WINDING UP IN INSOLVENCY

   5.4.01AAA.Meaning of statutory minimum and statutory period--prescribed amounts  
   5.4.01. Application to Court for winding up--prescribed agency  
   5.4.01A.Notice of application to wind up a company  
   5.4.01B.Notice of Court-ordered winding up  
   5.4.02. Compromise of debt by liquidator--prescribed amount  

   PART 5.4C----WINDING UP BY ASIC

   5.4C.01.Notice of intention to order winding up of a company  

   PART 5.5----VOLUNTARY WINDING UP

           Division 1--Resolution for winding up

   5.5.01. Notice of resolution to wind up voluntarily  

           Division 2--Simplified liquidation process

              Subdivision A--Preliminary

   5.5.02. Declaration about eligibility for simplified liquidation process and other matters  
   5.5.03. Eligibility criteria for simplified liquidation process  

              Subdivision B--Simplified liquidation process

   5.5.04. Transactions that are not voidable  
   5.5.05. Reports by liquidator  
   5.5.06. Notice of adoption of simplified liquidation process  

              Subdivision C--Ceasing of simplified liquidation process

   5.5.07. Liquidator must cease to follow the simplified liquidation process  
   5.5.08. Transition from simplified liquidation process  
   5.5.09. Working out whether the 25% in value of creditors test met  

   PART 5.6----WINDING UP GENERALLY

   5.6.11. Meaning of proof of debt or claim  
   5.6.37. Establishing title to priority  
   5.6.39. Notice to submit particulars of debt or claim  
   5.6.40. Preparation of a proof of debt or claim  
   5.6.41. Disclosure of security  
   5.6.42. Discounts  
   5.6.43. Periodical payments  
   5.6.43A.Debt or claim of uncertain value--appeal to Court  
   5.6.44. Debt discount rate (Act s 554B)  
   5.6.45. Employees' wages  
   5.6.46. Production of bill of exchange and promissory note  
   5.6.47. Admission of debt or claim without formal proof  
   5.6.48. Notice to creditors to submit formal proof  
   5.6.49. Formal proof of debt or claim  
   5.6.50. Contents of formal proof of debt or claim  
   5.6.51. Costs of proof  
   5.6.52. Liquidator to notify receipt of proof of debt or claim  
   5.6.53. Time for liquidator to deal with proofs  
   5.6.54. Grounds of rejection and notice to creditor  
   5.6.55. Revocation or amendment of decision of liquidator  
   5.6.56. Withdrawal or variation of proof of debt or claim  
   5.6.57. Oaths  
   5.6.58. Liquidator to make out provisional list of contributories  
   5.6.59. Time and place for settlement of list  
   5.6.60. Settlement of list of contributories  
   5.6.61. Supplementary list  
   5.6.62. Notice to contributories  
   5.6.63. Dividend payable only on admission of a debt or claim  
   5.6.64. Application of regulations 5.6.37 to 5.6.57  
   5.6.65. Liquidator to give notice of intention to declare a dividend  
   5.6.66. Time allowed for dealing with formal proof of debt or claim  
   5.6.67. Declaration and distribution of dividend  
   5.6.67A.Single declaration and distribution of dividend for companies in simplified liquidation  
   5.6.68. Rights of creditor who has not proved debt before declaration of dividend  
   5.6.69. Postponement of declaration  
   5.6.70. Payment of dividend to a person named  
   5.6.70A.Prescribed rate of interest on debts and claims from relevant date to date of payment  
   5.6.70B.Notice of disclaimer  
   5.6.71. Distribution of surplus in a winding up by the Court  
   5.6.72. Distribution of surplus as directed  
   5.6.73. Eligible unsecured creditor  
   5.6.74. External administration matters--prescribed countries  
   5.6.75. Publication in the prescribed manner  

   PART 5.7B----RECOVERING PROPERTY OR COMPENSATION FOR THE BENEFIT OF CREDITORS OF INSOLVENT COMPANY

   5.7B.01.Extension of temporary relief for insolvent trading safe harbour  
            

CHAPTER 5B--Bodies corporate registered as companies, and registrable bodies
            

   PART 5B.2----REGISTRABLE BODIES

   5B.2.01.Certified copies of certificates of incorporation etc  
   5B.2.02.Manner of certifying constituent documents  
   5B.2.03.Manner of sending letters (Act ss 601CC(2) and 601CL(3))  
   5B.2.04.Manner of sending notices (Act ss 601CC(3) and 601CL(4))  
   5B.2.05.Prescribed countries (Act s 601CDA(a))  
   5B.2.06.Notices (Act s 601CV(1))  

   PART 5B.3----NAMES OF REGISTRABLE AUSTRALIAN BODIES AND FOREIGN COMPANIES

   5B.3.01.Availability of names (Act s 601DC)  
   5B.3.02.Consents required for use of certain letters, words and expressions  
   5B.3.03.Exemptions from requirement to set out ARBN etc on certain documents (Act s 601DG)  
   5B.3.04.Notices (Act s 601DH(1))  
            

CHAPTER 5C--Managed investment schemes
            

   PART 5C.1----REGISTRATION OF MANAGED INVESTMENT SCHEMES

   5C.1.01.Applying for registration  
   5C.1.02.Change of name of registered schemes  
   5C.1.03.Modification (Act s 601QB)  

   PART 5C.2----THE RESPONSIBLE ENTITY

   5C.2.01.Duty of responsible entities' agents--surveillance checks  
   5C.2.02.Appointment of temporary responsible entities  
   5C.2.03.Form of notices (Act ss 601FL(2) and 601FM(2))  
   5C.2.04.Notice of appointment of temporary responsible entities  
   5C.2.05.Form of notices (Act s 601FP(3))  

   PART 5C.4----THE COMPLIANCE PLAN

   5C.4.01.Agents' authorities to be lodged  
   5C.4.02.Agents to assist auditors of compliance plans  

   PART 5C.5----THE COMPLIANCE COMMITTEE

   5C.5.01.Responsible entities etc to assist compliance committees  

   PART 5C.9----WINDING UP

   5C.9.01.Notice of commencement of winding up  

   PART 5C.11----EXEMPTIONS AND MODIFICATIONS

           Division 1--Exemptions

   5C.11.01.Certain schemes not managed investment schemes  

           Division 2--Modifications

   5C.11.02.Modifications  
   5C.11.03.Register of members of registered schemes (Act s 169(1))  
   5C.11.03A.How to work out the value of an interest  
   5C.11.04.Names of registered schemes (Act s 601EB(1))  
   5C.11.05A.Schemes not required to be registered (Act s 601ED)  
   5C.11.06.Liability of responsible entities (Act s 601FB(4))  
            

CHAPTER 5D--Licensed trustee companies
            

   PART 5D.1----PRELIMINARY

   5D.1.01.Prescribed requirements for publication  
   5D.1.01A.Meaning of trustee company  
   5D.1.02.Meaning of traditional trustee company services and estate management functions  
   5D.1.03.Meaning of mortgage-backed security  
   5D.1.04.Interaction between trustee company provisions and State and Territory laws  

   PART 5D.2----POWERS ETC OF LICENSED TRUSTEE COMPANIES

           Division 2.1--Annual Information Returns

   5D.2.01.Obligation on licensed trustee company to provide an annual information return if requested  
   5D.2.02.Information to be included in annual information return  

           Division 2.2--Common funds

   5D.2.03.Common funds  
   5D.2.04.Establishment of common funds  
   5D.2.05.Deciding details about common funds  
   5D.2.06.Operation of common funds  
   5D.2.07.Register of investments  
   5D.2.08.Financial reports  

   PART 5D.3----REGULATION OF FEES CHARGED BY LICENSED TRUSTEE COMPANIES

   5D.3.01.Modification of section 601TAB of the Act: disclosure to clients of changed fees  

   PART 5D.4----OBLIGATIONS OF RECEIVING COMPANY AFTER TRANSFER

   5D.4.01.Preserving rights under dispute resolution systems and arrangements for compensation  
            

CHAPTER 6--Takeovers
            

   PART 6.2----EXCEPTIONS TO THE PROHIBITION

   6.2.01A.Prescribed requirements  
   6.2.01. Prescribed circumstances (Act s 611)  
   6.2.02. Other prescribed circumstances (Act s 611)  

   PART 6.6----VARIATION OF OFFERS

   6.6.01. Right to withdraw acceptance  

   PART 6.8----ACCEPTANCES

   6.8.01. Acceptance of offers made under off-market bid  
   6.8.02. Acceptances by transferees and nominees of offers made under off-market bid  

   PART 6.10----REVIEW AND INTERVENTION

   6.10.01.Application for review of Takeovers Panel decision  
            

CHAPTER 6A--Compulsory acquisitions and buy-outs
            

   PART 6A.1----COMPULSORY ACQUISITIONS AND BUY-OUTS AFTER TAKEOVER BID

   6A.1.01.Terms on which securities to be acquired  
            

CHAPTER 6CA--Continuous disclosure
            

   6CA.1.01.Continuous disclosure: other disclosing entities  
            

CHAPTER 6D--Fundraising
            

   PART 6D.2----DISCLOSURE TO INVESTORS ABOUT SECURITIES

   6D.2.01.Exemption--member shares  
   6D.2.02.Exemption--foreign companies  
   6D.2.03.Sophisticated investors  
   6D.2.04.Simple corporate bonds--base prospectus  
   6D.2.05.Simple corporate bonds--offer-specific prospectus  
   6D.2.06.Simple corporate bonds--key financial ratios relevant to issuing body  

   PART 6D.3A----CROWD-SOURCED FUNDING

   6D.3A.01.Offers that are eligible to be made under Part 6D.3A of the Act  
   6D.3A.02.Contents of CSF offer document--general  
   6D.3A.03.Contents of CSF offer document--Section 1: Risk warnings  
   6D.3A.04.Contents of CSF offer document--Section 2: Information about the offering company  
   6D.3A.05.Contents of CSF offer document--Section 3: Information about the offer  
   6D.3A.06.Contents of CSF offer document--Section 4: Information about investor rights  
   6D.3A.07.Obligation of CSF intermediary relating to their platforms--applicant risk acknowledgement  
   6D.3A.08.Gatekeeper obligation of CSF intermediary--checks  
   6D.3A.09.Gatekeeper obligation of CSF intermediary--reasonable standard of checks  
   6D.3A.10.Obligation of CSF intermediary relating to their platforms--general CSF risk warning  

   PART 6D.5----FUNDRAISING--MISCELLANEOUS

   6D.5.01.Warrants that are securities  
   6D.5.02.Modification of paragraph 708(8)(c) of the Act: renewal period for accountants' certificates  
   6D.5.03.Modification of section 738X of the Act: requirement to notify right to withdraw application only applies if defect is materially adverse  
            

CHAPTER 7--Financial services and markets
            

   PART 7.1----PRELIMINARY

           Division 1--General

   7.1.04. Derivatives  
   7.1.04A.Meaning of kind of financial products (section 1012IA of the Act)  
   7.1.04B.Meaning of class of financial products (managed investment schemes)  
   7.1.04C.Meaning of class of financial products (superannuation products)  
   7.1.04CAA.Meaning of claimant intermediary--persons excluded from being claimant intermediaries  
   7.1.04CA.Kinds of financial products  
   7.1.04CB.When providing certain claims handing and settling services is not the primary part of a business  
   7.1.04D.Meaning of issuer for certain derivatives  
   7.1.04E.Issue of a new interest in a superannuation fund  
   7.1.04F.Meaning of class of financial services (subsections 917A(3), 917C(2) and 917C(3) of the Act)  
   7.1.04G.Meaning of issuer for a foreign exchange contract  
   7.1.04N.Specific things that are financial products--litigation funding schemes and arrangements  
   7.1.05. Specific things that are not financial products: superannuation interests  
   7.1.06. Specific things that are not financial products: credit facility  
   7.1.06A.Arrangements for certain financial products that are not credit facilities  
   7.1.07. Specific things that are not financial products: surety bonds  
   7.1.07A.Specific things that are not financial products: rental agreements  
   7.1.07B.Specific things that are not financial products: bank drafts  
   7.1.07C.Specific things that are not financial products: insurance under an overseas student health insurance contract  
   7.1.07E.Specific things that are not financial products: rights of the holder of a debenture  
   7.1.07F.Specific things that are not financial products: money orders  
   7.1.07G.Specific things that are not financial products: electronic funds transfers  
   7.1.07H.Specific things that are not financial products: ACT insurance  
   7.1.07J.Specific things that are not financial products--carbon abatement  
   7.1.08AA.Meaning of financial product advice--advice that is not regarded as a necessary part of providing claims handling and settling services  
   7.1.08. Meaning of financial product advice: exempt document or statement  
   7.1.08A.Modification of section 766D of the Act--free carbon units  
   7.1.09. Obligations related to clearing and settlement facility  
   7.1.10. Conduct that does not constitute operating a clearing and settlement facility  

           Division 2--Retail clients and wholesale clients

   7.1.11. Meaning of retail client and wholesale client: motor vehicle insurance product  
   7.1.12. Meaning of retail client and wholesale client: home building insurance product  
   7.1.13. Meaning of retail client and wholesale client: home contents insurance product  
   7.1.14. Meaning of retail client and wholesale client: sickness and accident insurance product  
   7.1.15. Meaning of retail client and wholesale client: consumer credit insurance product  
   7.1.16. Meaning of retail client and wholesale client: travel insurance product  
   7.1.17. Meaning of retail client and wholesale client: personal and domestic property insurance product  
   7.1.17A.General insurance products: medical indemnity insurance products  
   7.1.17B.Retail clients and wholesale clients: aggregation of amounts for price or value of financial product  
   7.1.17C.Retail clients: traditional trustee company services  
   7.1.18. Retail clients and wholesale clients: price of investment-based financial products  
   7.1.19. Retail clients and wholesale clients: value of investment-based financial products  
   7.1.19A.Retail clients and wholesale clients: price of margin lending facilities  
   7.1.20. Retail clients and wholesale clients: price of income stream financial products  
   7.1.21. Retail clients and wholesale clients: value of income stream financial products  
   7.1.22. Retail clients and wholesale clients: value of derivatives  
   7.1.22AA.Retail clients and wholesale clients: contract for difference  
   7.1.22A.Retail clients and wholesale clients: value of foreign exchange contracts  
   7.1.23. Retail clients and wholesale clients: price of non-cash payment financial products  
   7.1.24. Retail clients and wholesale clients: value of non-cash payment products  
   7.1.25. Retail clients and wholesale clients: life risk insurance and other risk-based financial products  
   7.1.26. Superannuation-sourced money  
   7.1.27. Retail clients and wholesale clients: effect of wholesale status  
   7.1.28. Retail clients and wholesale clients: assets and income  

           Division 3--When does a person provide a financial service

   7.1.28AA.Provision of financial product advice about default funds  
   7.1.28A.Circumstances in which a person is taken to be provided a traditional trustee company service  
   7.1.29. Circumstances in which a person is taken not to provide a financial service  
   7.1.30. Information and advice about voting  
   7.1.31. Passing on prepared documents  
   7.1.32. Remuneration packages  
   7.1.33A.Allocation of funds available for investment  
   7.1.33B.General advice  
   7.1.33D.Investment-linked life insurance products  
   7.1.33E.Advice about the existence of a custodial or depository service  
   7.1.33F.School banking  
   7.1.33G.Certain general advice that does not attract remuneration etc.  
   7.1.33H.Certain general advice given by a financial product issuer  

           Division 4--Dealings in financial products

   7.1.34. Conduct that does not constitute dealing in a financial product  
   7.1.35. Conduct that does not constitute dealing in a financial product  
   7.1.35A.Conduct that does not constitute dealing in a financial product--lawyers acting on instructions  
   7.1.35B.Conduct that does not constitute dealing in a financial product--issuing carbon units, Australian carbon credit units or eligible international emissions units  
   7.1.35C.Conduct that does not constitute dealing in a financial product--carbon units, Australian carbon credit units or eligible international emissions units  

           Division 5--Custodial or depository services

   7.1.40. Conduct that does not constitute the provision of a custodial or depository service  

           Division 6--Operating a financial market

   7.1.50. Operating a financial market  

   PART 7.2----LICENSING OF FINANCIAL MARKETS

           Division 1--Market licensees' obligations

   7.2.01. Obligation to inform ASIC of certain matters: contraventions of licence or Act  
   7.2.02. Obligation to inform ASIC of certain matters: becoming director, secretary or executive officer of market licensee  
   7.2.03. Obligation to inform ASIC of certain matters: ceasing to be director, secretary or executive officer of market licensee  
   7.2.04. Obligation to inform ASIC of certain matters: voting power in market licensee  
   7.2.05. Giving ASIC information about a listed disclosing entity  
   7.2.06. Annual report of market licensee  

           Division 2--The market's operating rules and procedures

   7.2.07. Content of licensed market's operating rules  
   7.2.08.  Content of licensed market's written procedures  

           Division 3--Powers of the Minister and ASIC

   7.2.09. Agencies for compliance assessment  

           Division 4--The Australian market licence

   7.2.10. Application of Division 4  
   7.2.11. Information  
   7.2.12. Documents  

           Division 5----The Australian market licence: applications (financial market in foreign country)

   7.2.13. Application of Division 5  
   7.2.14. Information  
   7.2.15. Documents  

           Division 6--The Australian market licence

   7.2.16. Potential conflict situations  

   PART 7.2A----SUPERVISION OF FINANCIAL MARKETS

           Division 7.2A.1--Enforceable undertakings

   7.2A.01.Enforceable undertakings  

           Division 7.2A.2--Infringement notices

   7.2A.02.Purpose of Division  
   7.2A.03.Definitions for Division 7.2A.2  
   7.2A.04.When infringement notice can be given  
   7.2A.05.Statement of reasons must be given  
   7.2A.06.Contents of infringement notice  
   7.2A.07.Amount of penalty payable to the Commonwealth  
   7.2A.08.Compliance with infringement notice  
   7.2A.09.Extension of compliance period  
   7.2A.10.Effect of compliance with infringement notice  
   7.2A.11.Application to withdraw infringement notice  
   7.2A.12.Withdrawal of infringement notice by ASIC  
   7.2A.13.Notice of withdrawal of infringement notice  
   7.2A.14.Withdrawal of notice after compliance  
   7.2A.15.Publication of details of infringement notice  

   PART 7.3----LICENSING OF CLEARING AND SETTLEMENT FACILITIES

           Division 1--Regulation of CS facility licensees

   7.3.01. Obligation to inform ASIC of certain matters: becoming director, secretary or executive officer of CS facility licensee  
   7.3.02. Obligation to inform ASIC of certain matters: ceasing to be director, secretary or executive officer of CS facility licensee  
   7.3.03. Obligation to inform ASIC of certain matters: voting power in CS facility licensee  
   7.3.04. Annual report of CS facility licensee  

           Division 2--Regulation of CS facility licensees

   7.3.05. Content of licensed CS facility's operating rules  
   7.3.06.  Content of licensed CS facility's written procedures  

           Division 3--Regulation of CS facility licensees

   7.3.07. Agencies for compliance assessment  
   7.3.08. Agencies for compliance assessment  

           Division 4--The Australian CS facility licence

   7.3.09. Application of Division 4  
   7.3.10. Information  
   7.3.11. Documents  

           Division 5--The Australian CS facility licence

   7.3.12. Application of Division 5  
   7.3.13. Information  
   7.3.14. Documents  

   PART 7.4----LIMITS ON INVOLVEMENT WITH LICENSEES

   7.4.01. Meaning of widely held market body--prescribed bodies corporate  
   7.4.02. Record-keeping: market licensee  
   7.4.03. Record-keeping: CS facility licensee  
   7.4.04. Information for widely held market body  

   PART 7.5----COMPENSATION REGIMES FOR FINANCIAL MARKETS

           Division 1--Preliminary

   7.5.01. Definitions for Part 7.5  
   7.5.01A.Modification of Act: compensation regimes  
   7.5.02. Meaning of becoming insolvent  
   7.5.03. Meaning of dealer  
   7.5.04. Meaning of excluded person  
   7.5.06. Meaning of sale and purchase of securities  
   7.5.07. Meaning of securities business: general  
   7.5.08. Meaning of securities business: Subdivision 4.9  
   7.5.09. Meaning of security  
   7.5.10. Meaning of transfer of securities  
   7.5.13. Effect of contravention of Part 7.5  

           Division 2--When there must be a compensation regime

   7.5.14. Application for Australian market licence: information about compensation arrangements  

           Division 3--Approved compensation arrangements

   7.5.15. Application for approval of compensation arrangements after grant of Australian market licence: information about compensation arrangements  
   7.5.16. Notification of payment of levies  
   7.5.17. Amount of compensation  

           Division 4--NGF Compensation regime

              Subdivision 4.1--Preliminary

   7.5.18. Application of Division 4  
   7.5.18A.Caps on compensation  

              Subdivision 4.2--Third party clearing arrangements

   7.5.19. Clearing arrangements  

              Subdivision 4.3--Contract guarantees

   7.5.24. Claim by selling client in respect of default by selling dealer: ASTC-regulated transfer  
   7.5.25. Claim by selling client in respect of default by selling dealer: transaction other than ASTC-regulated transfer  
   7.5.26. Claim by buying client in respect of default by buying dealer: ASTC-regulated transfer  
   7.5.27. Claim by buying client in respect of default by buying dealer: transaction other than ASTC-regulated transfer  
   7.5.28. Cash settlement of claim: ASTC-regulated transfer  
   7.5.29. Cash settlement of claim: transfer other than ASTC-regulated transfer  
   7.5.30. Making of claims  

              Subdivision 4.7--Unauthorised transfer

   7.5.53. Application of Subdivision 4.7  
   7.5.54. Claim by transferor  
   7.5.55. Claim by transferee or sub-transferee  
   7.5.56. How and when claim may be made  
   7.5.57. How claim is to be satisfied  
   7.5.58. Discretionary further compensation to transferor  
   7.5.59. Nexus with Australia  

              Subdivision 4.8--Contraventions of ASTC certificate cancellation provisions

   7.5.60. Claim in respect of contravention of ASTC certificate cancellation provisions  
   7.5.61. How and when claim may be made  
   7.5.62. How claim is to be satisfied  
   7.5.63. Discretionary further compensation  

              Subdivision 4.9--Claims in respect of insolvent participants

   7.5.64. Claim in respect of property entrusted to, or received by, dealer before dealer became insolvent  
   7.5.65. Cash settlement of claims if property unobtainable  
   7.5.66. Ordering of alternative claims and prevention of double recovery  
   7.5.67. No claim in respect of money lent to dealer  
   7.5.68. Nexus with Australia  
   7.5.69. No claim in certain other cases  
   7.5.70. Making of claims  

              Subdivision 4.10--General

   7.5.72. Power of SEGC to allow and settle claim  
   7.5.72A.Participant-related limits of compensation  
   7.5.72B.Claimant-related limits of compensation  
   7.5.73. Application of Fund in respect of certain claims  
   7.5.74. Discretion to pay amounts not received etc because of failure to transfer securities  
   7.5.75. Reduction in compensation  
   7.5.76. Claimant may be required to exercise right of set-off  
   7.5.77. Effect of set-off on claim  
   7.5.78. Claimant entitled to costs and disbursements  
   7.5.79. Interest  
   7.5.80. SEGC to notify claimant if claim disallowed  
   7.5.81. Arbitration of amount of cash settlement of certain claims  
   7.5.82. Instalment payments  
   7.5.83. Notification of payment of levies  
   7.5.84. Notification of payment of levies  

              Subdivision 4.11--Other provisions relating to compensation

   7.5.85. Prescribed body corporate with arrangements covering clearing and settlement facility support  
   7.5.85A.Transitional provision for joining of Chi-X  

           Division 5--Provisions common to both kinds of compensation arrangements

   7.5.86. Excess money in National Guarantee Fund  
   7.5.87. Excess money in fidelity fund  
   7.5.88. Minister's arrangements for use of excess money from compensation funds  
   7.5.89. Payment of excess money from NGF  
   7.5.90. Use of excess money from NGF  
   7.5.91. Payment of excess money from fidelity fund  
   7.5.92. Use of excess money from fidelity fund  
   7.5.93. Qualified privilege  

   PART 7.5A----REGULATION OF DERIVATIVE TRANSACTIONS AND DERIVATIVE TRADE REPOSITORIES

           Division 2--Regulation of derivative transactions

              Subdivision 2.1--Power to make derivative transaction rules

   7.5A.30. Reporting requirements--prescribed facilities  
   7.5A.50.Persons on whom requirements cannot be imposed  

              Subdivision 2.1A--Derivative transaction rules imposing clearing requirements

   7.5A.60.Definitions for Subdivision 2.1A  
   7.5A.61.Meaning of Australian clearing entity  
   7.5A.62.Meaning of foreign clearing entity  
   7.5A.63.Clearing requirements--prescribed facilities  
   7.5A.64.Persons on whom clearing requirements cannot be imposed  
   7.5A.65.Circumstances in which clearing requirements can be imposed  

              Subdivision 2.1B--Phase 3 reporting entities--exemption from OTC derivative reporting requirements

   7.5A.70.Definitions for Subdivision 2.1B  
   7.5A.71.Exemption--single-sided transaction and position reporting  
   7.5A.72.Reporting counterparties  
   7.5A.73.Application of exemptions  
   7.5A.74.Reporting requirement--exemption stops applying  

              Subdivision 2.2--Enforceable undertakings

   7.5A.101.Enforceable undertakings  

              Subdivision 2.3--Infringement notices

   7.5A.102.Infringement notices  
   7.5A.103.Definitions for Subdivision  
   7.5A.104.When infringement notice can be given  
   7.5A.105.Statement of reasons must be given  
   7.5A.106.Contents of infringement notice  
   7.5A.107.Amount of penalty payable to the Commonwealth  
   7.5A.108.Compliance with infringement notice  
   7.5A.109.Extension of compliance period  
   7.5A.110.Effect of compliance with infringement notice  
   7.5A.111.Application to withdraw infringement notice  
   7.5A.112.Withdrawal of infringement notice by ASIC  
   7.5A.113.Notice of withdrawal of infringement notice  
   7.5A.114.Withdrawal of notice after compliance  
   7.5A.115.Publication of details of infringement notice  

           Division 5--Regulation of licensed derivative trade repositories

   7.5A.150.Obligations and powers--confidential information  
   7.5A.150A.European Union requests for derivative trade data  
   7.5A.150B.Other requests for derivative trade data  
   7.5A.151.Obligations relating to derivative trade data  
   7.5A.200.ASIC may assess licensee's compliance  

           Division 7--Regulation of prescribed derivative trade repositories

   7.5A.250.Obligations and powers--confidential information  

           Division 8--Other matters

   7.5A.270.Record-keeping  

   PART 7.6----LICENSING OF PROVIDERS OF FINANCIAL SERVICES

   7.6.01. Need for Australian financial services licence: general  
   7.6.01AAAA.Need for Australian financial services licence: prescribed insurance products in relation to claimant intermediaries  
   7.6.01AAAB.Need for Australian financial services licence: issuers of insurance products  
   7.6.01AAA.Particular financial products not exempted  
   7.6.01AB.Obligation on persons providing exempt financial service  
   7.6.01A.Providing financial services on behalf of a person who carries on a financial services business  
   7.6.01B.Need for Australian financial services licence: financial product advice provided by the media  
   7.6.01C.Obligation to cite licence number in documents  
   7.6.02. Alternative dispute resolution systems  
   7.6.02AAA.Arrangements for compensation if financial services provided to persons as retail clients (Act s 912B)  
   7.6.02AA.Modification of section 912B of the Act: professional indemnity insurance and security instead of arrangements for compensation  
   7.6.02AB.Modification of section 761G of the Act: meaning of retail client and wholesale client  
   7.6.02AC.Modification of section 761G of the Act: meaning of retail client and wholesale client  
   7.6.02AD.Modification of section 761G of the Act: meaning of retail client and wholesale client  
   7.6.02AE.Modification of section 9 of the Act: Definition of professional investor  
   7.6.02AF.Modification of section 761G of the Act: renewal period for accountants' certificates  
   7.6.02AG.Modification of section 911A of the Act  
   7.6.02AH.Modification of paragraph 911B(1)(e) of the Act  
   7.6.02A.Obligation to notify ASIC of certain matters  
   7.6.03. Applying for Australian financial services licence  
   7.6.03A.Australian financial services licence--requirements for a foreign entity to appoint local agent  
   7.6.03B.Foreign entity must continue to have local agent  
   7.6.03C.Financial services licensee must cooperate with AFCA  
   7.6.04. Conditions on Australian financial services licence  
   7.6.04AA.Time limits for notification of authorised representatives--modification of section 916F of the Act  
   7.6.04A.Exemptions to notification of authorised representatives  
   7.6.05. Register of financial services licensees and register of authorised representatives of financial services licensees  
   7.6.06. ASIC register relating to persons against whom banning order or disqualification order is made  
   7.6.06C.Correcting registers  
   7.6.06D.Register of Relevant Providers--prescribed instruments  
   7.6.07. Restriction on use of certain words or expressions  
   7.6.07A.Modification of section 923C  
   7.6.07B.Exam for existing providers  

   PART 7.6B----PROVISION OF INFORMATION TO APRA ABOUT CONTRACTS OF INSURANCE

   7.6.08A.Definitions  
   7.6.08B.Application  
   7.6.08C.Modification of section 912CA of the Act  
   7.6.08D.Information about general insurance products  
   7.6.08E.Information about general insurance products--unauthorised foreign insurers  
            

CHAPTER 7--Financial services and markets
            

   PART 7.7----FINANCIAL SERVICE DISCLOSURE

           Division 1--Preliminary

   7.7.01. How documents, information and statements are to be given  

           Division 2--Financial Services Guide

   7.7.02. Situations in which Financial Services Guide is not required  
   7.7.02A.Situations when Financial Services Guide is not required  
   7.7.03. Financial Services Guide given by financial services licensee: description of documents  
   7.7.03A.Financial Services Guide given by financial services licensee: arrangements for compensation  
   7.7.04. Financial Services Guide given by financial services licensee: remuneration, commission and benefits  
   7.7.04A.Financial services guide given by financial services licensee: more detailed information about remuneration etc  
   7.7.04AA.Financial Services Guide given by financial services licensee: non-monetary benefit that is not conflicted remuneration  
   7.7.04AB.Financial Services Guide given by authorised representative: non-monetary benefit that is not conflicted remuneration  
   7.7.05. Record of advice given by financial services licensee  
   7.7.05A.Financial Services Guide given by authorised representative of financial services licensee: authorised representative number  
   7.7.05B.Personalised Financial Services Guide  
   7.7.05C.Exemption from providing certain information in a Financial Services Guide  
   7.7.06. Financial Services Guide given by authorised representative of financial services licensee: description of documents  
   7.7.06A.Financial Services Guide given by authorised representative of financial services licensee--licence number  
   7.7.06B.Financial Services Guide given by authorised representative of financial services licensee: arrangements for compensation  
   7.7.07. Financial Services Guide given by authorised representative of financial services licensee: remuneration, commission and benefits  
   7.7.07A.Financial services guide given by authorised representative: more detailed information about remuneration etc  
   7.7.08. Record of advice given by authorised representative of financial services licensee  

           Division 2A--Combined Financial Services Guide and Product Disclosure Statement

   7.7.08A.Combined Financial Services Guide and Product Disclosure Statement  

           Division 2AA--Combined Financial Services Guide and credit guide

   7.7.08B.Modification of section 942DA of the Act  

           Division 2B--Record of small investment advice

   7.7.08C.Record of small investment advice--content requirements  

           Division 3--Statement of Advice

   7.7.09. Situations in which statement of advice is not required: further advice  
   7.7.09A.Situations in which Statement of Advice is not required: small investments threshold  
   7.7.09AA.Statement of Advice from financial services licensee  
   7.7.09AB.Modification of subsection 947B(4) of the Act  
   7.7.09B.Statement of Advice from providing entity--information not included in the Statement  
   7.7.09BA.Statement of Advice from authorised representative  
   7.7.09BB.Modification of subsection 947C(4) of the Act  
   7.7.09BC.Statement of Advice given by financial services licensee: non-monetary benefit that is not conflicted remuneration  
   7.7.09BD.Statement of Advice given by authorised representative: non-monetary benefit that is not conflicted remuneration  
   7.7.09C.Requirement to keep Statement of Advice and other documents  
   7.7.10. Products for which a Statement of Advice is not required  
   7.7.10AA.Obligation on authorised representative to give a financial services guide  
   7.7.10AAA.Record of advice without a recommendation to purchase or sell--content requirements  
   7.7.10AB.Financial services guide--contents of guide  
   7.7.10AC.Financial services guide  
   7.7.10AD.Financial services guide  
   7.7.10AE.Situations in which Statement of Advice not required  
   7.7.10AF.Various consequential amendments to Division 7 of Part 7.7 concerning situations where Financial Services Guides do not have to be given  
   7.7.10AG.Various consequential amendments to Division 7 of Part 7.7  
   7.7.10AI.Obligation to warn client that advice does not take account of client's objectives, financial situation or needs--carbon units, Australian carbon credit units and eligible international emissions units  
   7.7.10A.Statements of Advice--requirement to state information as amounts in dollars  
   7.7.10B.Insertion of definition--further advice  
   7.7.10C.Omission of definition--further market-related advice  
   7.7.10D.Additional information in Statement of Advice  
   7.7.10E.Additional information in Statement of Advice  
   7.7.11. Statement of Advice given by financial services licensee  
   7.7.11A.Statement of Advice given by authorised representative of financial services licensee--licence number  
   7.7.11B.Statement of Advice--disclosure of dollar amounts  
   7.7.12. Statement of Advice given by authorised representative of financial services licensee  
   7.7.13. Statement of Advice provided by authorised representative--disclosure of dollar amounts  
   7.7.13A.Additional information about charges or benefits--disclosure of dollar amounts  
   7.7.13B.Additional information about charges or benefits--disclosure of dollar amounts  

           Division 4--General advice provided to a retail client

   7.7.14. Product Disclosure Statement not required  

           Division 5--Other disclosure requirements

   7.7.20. General advice to retail client--no obligation to warn client  
   7.7.20A.Extension of disclosure requirements to wholesale clients dealing with certain unauthorised insurers  

           Division 6--Exemptions from application of Part 7

   7.7.21. Exemption from application of Part 7.7 of the Act  

   PART 7.7A----BEST INTERESTS OBLIGATIONS AND REMUNERATION

           Division 2--Best interests obligations

   7.7A.05.Best interests duty--basic banking products etc.  
   7.7A.06.Best interests duty--general insurance products  

           Division 3--Charging ongoing fees to clients

   7.7A.10.Arrangements that are not ongoing fee arrangements  
   7.7A.11.Fee disclosure statements  
   7.7A.11AA.Compliance records required to be kept by fee recipients  

           Division 4--Conflicted remuneration

              Subdivision 1--Benefits in relation to life risk insurance products that are conflicted remuneration

   7.7A.11A.What this Subdivision is about  
   7.7A.11B.Circumstances in which benefits in relation to life risk insurance products are conflicted remuneration  
   7.7A.11C.Circumstances in which benefits in relation to information about life risk insurance products are not conflicted remuneration  
   7.7A.11D.Circumstances in which benefits in relation to dealings in life risk insurance products are not conflicted remuneration  

              Subdivision 2--Monetary benefits that are not conflicted remuneration

   7.7A.12.What subdivision is about  
   7.7A.12B.Stamping fees  
   7.7A.12C.Time-sharing schemes  
   7.7A.12D.Brokerage fees  
   7.7A.12E.Fees paid by clients for dealing services  
   7.7A.12EA.Application of ban on conflicted remuneration--purchase or sale of financial advice business  

              Subdivision 3--Monetary benefits that relate to life risk insurance products

   7.7A.12EB.Life risk insurance products--clawback requirements related to cancellation etc.  
   7.7A.12EC.Life risk insurance products--clawback requirements related to reduction of policy cost  

              Subdivision 4--Other monetary and non-monetary benefits that are not conflicted remuneration

   7.7A.12F.What subdivision is about  
   7.7A.12G.General insurance  
   7.7A.12H.Basic banking and general insurance products  
   7.7A.12I.Mixed benefits  
   7.7A.13.Non-monetary benefit given in certain circumstances not conflicted remuneration: prescribed amount  
   7.7A.14.Non-monetary benefit given in certain circumstances not conflicted remuneration: education or training course  
   7.7A.15.Non-monetary benefit given in certain circumstances not conflicted remuneration: other education and training benefit  
   7.7A.15A.Non-monetary benefit given in certain circumstances not conflicted remuneration--education and training in conducting a financial services business  

              Subdivision 4A--Ban on conflicted remuneration

   7.7A.15AJ.What Subdivision is about  
   7.7A.15AK.Obligations of covered person  

              Subdivision 6--Application provisions relating to the Corporations Amendment

   7.7A.16G.Definitions  
   7.7A.16H.Life risk insurance products substantially related to existing products  

              Subdivision 7--Asset-based fees on borrowed amounts

   7.7A.17.Financial services licensees  
   7.7A.18.Authorised representatives  

           Division 6--Exemptions from application of Part 7

   7.7A.40.Exemption from application of Part 7.7A of the Act  

   PART 7.8----OTHER PROVISIONS RELATING TO CONDUCT ETC CONNECTED WITH FINANCIAL PRODUCTS AND FINANCIAL SERVICES, OTHER THAN FINANCIAL PRODUCT DISCLOSURE

           Division 2--Dealing with clients' money

              Subdivision A--Money other than loans

   7.8.01A.Wholesale client money  
   7.8.01. Obligation to pay money into an account  
   7.8.02. Accounts maintained for section 981B of the Act  
   7.8.02A.Accounts maintained for the purposes of section 981B of the Act--special rules for retail clients  
   7.8.03. How money to be dealt with if licensee ceases to be licensed etc  
   7.8.04. Money to which Subdivision A of Division 2 of Part 7.8 of the Act applies taken to be held in trust: breach of financial services law  
   7.8.05. Money to which Subdivision A of Division 2 of Part 7.8 of the Act applies taken to be held in trust: risk accepted by insurer  

              Subdivision AA--Client money reporting rules

   7.8.05A. Definitions for Subdivision AA of Division 2  
   7.8.05B.Enforceable undertakings  
   7.8.05C.Client money reporting infringement notices  
   7.8.05D.Effect of client money reporting infringement notice provisions  
   7.8.05E.Statement of reasons must be given  
   7.8.05F.Contents of client money reporting infringement notice  
   7.8.05G.Amount of penalty payable to the Commonwealth  
   7.8.05H.Compliance with client money reporting infringement notice  
   7.8.05J.Extension of client money reporting infringement notice period  
   7.8.05K.Effect of compliance with client money reporting infringement notice  
   7.8.05L.Application to withdraw client money reporting infringement notice  
   7.8.05M.Withdrawal of client money reporting infringement notice by ASIC  
   7.8.05N.Notice of withdrawal of client money reporting infringement notice  
   7.8.05P.Withdrawal of notice after compliance  
   7.8.05Q.Publication of details of client money reporting infringement notice  

              Subdivision B--Loan money

   7.8.06. Statement setting out terms of loan etc  

           Division 3--Dealing with other property of clients

   7.8.06A.Property exempt from Division 3 of Part 7.8 of the Act  
   7.8.06B.Wholesale client property  
   7.8.07. How property to which Division 3 of Part 7.8 of the Act to be dealt with  

           Division 4--Special provisions relating to insurance

   7.8.08. Debts of financial services licensee in relation to premiums etc  

           Division 4A--Special provisions relating to margin lending facilities

              Subdivision A--Responsible lending conduct for margin lending facilities

   7.8.08A.Limit of margin lending facility taken to be increased  
   7.8.08B.Exemption from requirement to make unsuitability assessment  
   7.8.09. Reasonable inquiries etc about retail client: inquiries  
   7.8.09A.Modification of section 985G of the Act  
   7.8.10. Circumstances in which margin lending facility is unsuitable  
   7.8.10A.Margin lending facility taken not to be unsuitable  

           Division 6--Financial records, statements and audit

              Subdivision B--Financial records of financial services licensees

   7.8.11. Particular categories of information to be shown in records  
   7.8.11A.Particular categories of information to be shown in records: records of non-monetary benefit that is not conflicted remuneration  
   7.8.11B.Information to be shown in records: records of rebates in relation to conflicted remuneration  
   7.8.12. Requirements in relation to financial records of financial services licensees  

              Subdivision C--Financial statements of financial services licensees

   7.8.12A.Modification of section 989B of the Act  
   7.8.13. Auditor's report with annual profit and loss statement and balance sheet  
   7.8.13A.Compliance certificate with profit and loss statement and balance sheet  
   7.8.14. Contents of annual profit and loss statement and balance sheet and applicable accounting procedures  
   7.8.14A.Lodgement of annual profit and loss statement and balance sheet  

              Subdivision D--Appointment etc

   7.8.14B.Modification of section 990B of the Act  
   7.8.15. Appointment of auditor by financial services licensee  
   7.8.16. When person is ineligible to act as auditor of financial services licensee  

           Division 7--Other rules about conduct

   7.8.17. Priority to clients' orders  
   7.8.18. Instructions to deal through licensed markets  
   7.8.19. Records of instructions to deal on licensed markets and foreign markets  
   7.8.20. Dealings with non-licensees  
   7.8.20A.Dealings involving employees of financial service licensees--risk insurance products  
   7.8.21. Dealings involving employees of financial services licensees  

           Division 8--Miscellaneous

   7.8.21A.Exceptions to prohibition on hawking of financial products  
   7.8.23. Return of financial product: transfer between superannuation entities or RSAs  
   7.8.24. Right of return not to apply  
   7.8.25. Variation of amount to be repaid  

   PART 7.8A----DESIGN AND DISTRIBUTION REQUIREMENTS RELATING TO FINANCIAL PRODUCTS FOR RETAIL CLIENTS

           Division 1--Preliminary

   7.8A.01.Definitions  
   7.8A.02.Meaning of regulated person--prescribed persons  

           Division 2--Financial products for which target market determinations are required

   7.8A.03.Financial products for which target market determinations are required  
   7.8A.04.Jurisdictional scope of Division  
   7.8A.05.Simple corporate bonds  
   7.8A.06.Debentures of certain bodies  
   7.8A.07.Basic banking products  
   7.8A.08.Investor-directed portfolio services  
   7.8A.09.Exchange traded products  
   7.8A.10.Custodial or depository services  

           Division 3--Exemptions

   7.8A.20.Financial products for which target market determinations are not required  
   7.8A.25.Exemption from Part 7.8A--Employers complying with certain superannuation guarantee obligations  

   PART 7.9----FINANCIAL PRODUCT DISCLOSURE AND OTHER PROVISIONS RELATING TO ISSUE AND SALE OF FINANCIAL PRODUCTS

           Division 1--Preliminary

   7.9.01. Interpretation  
   7.9.02. Sub-plans  
   7.9.02A.Alternative ways of giving Statement  
   7.9.02B.Product Disclosure Statement in electronic form  

           Division 2--Arrangements for Product Disclosure Statements in relation to superannuation products and RSAs

              Subdivision 2.1--Preliminary

   7.9.03. Application of Division 2  

              Subdivision 2.2--Late provision of Product Disclosure Statement for certain members of regulated superannuation fund, public offer superannuation fund or successor fund

   7.9.04. Product Disclosure Statement to be provided later  

              Subdivision 2.3--Product Disclosure Statement for RSA

   7.9.05. Situation in which Product Disclosure Statement is not required  

              Subdivision 2.4--Additional obligations for eligible rollover funds

   7.9.06A.Meaning of relevant superannuation entity  
   7.9.06B.Application forms  

              Subdivision 2.5--Product Disclosure Statement for insurance options

   7.9.07. Modification of Act: Product Disclosure Statement in relation to insurance options  

           Division 2A--Product Disclosure Statement for warrants

   7.9.07A.Warrants  

           Division 2B--Product Disclosure Statement for market-traded derivatives

   7.9.07B.Product Disclosure Statements for certain market-traded derivatives  
   7.9.07C.Remedies for Product Disclosure Statements for certain market-traded derivatives  

           Division 2BA--Product Disclosure Statement for discretionary mutual funds

   7.9.07CA.Extension of Product Disclosure Statement requirements to wholesale clients  

           Division 2C--Situations where a Product Disclosure Statement is not required

   7.9.07D.Product Disclosure Statement not required for offers of bundled contracts of insurance  
   7.9.07E.Product Disclosure Statement not required if offer of financial product is declined  
   7.9.07F.Product Disclosure Statement not required if the client is not contactable  
   7.9.07FA.Product Disclosure Statement not required for certain specified products  
   7.9.07FB.Product Disclosure Statement not required if client not in this jurisdiction  
   7.9.07FC.Product Disclosure Statement not required general insurance situation  

           Division 2D--Preparation and content of Product Disclosure Statements

   7.9.07J.Only 1 responsible person for a Product Disclosure Statement  
   7.9.07K.Definition of defective: Product Disclosure Statement, Short-Form PDS or Replacement Product Disclosure Statement  

           Division 2E--Obligation to make information publicly available

              Subdivision 2E.1--Obligation to make product dashboard publicly available

   7.9.07L.Modification of Act  
   7.9.07M.Source of power for this Subdivision  
   7.9.07N.Definitions  
   7.9.07P.Meaning of MySuper product dashboard reporting standards  
   7.9.07Q.Product dashboard--how information must be set out  
   7.9.07R.Product dashboard--return target  
   7.9.07S.Product dashboard--return  
   7.9.07T.Product dashboard--comparison between return target and return  
   7.9.07U.Comparison to be set out as a graph  
   7.9.07V.Product dashboard--level of investment risk  
   7.9.07W.Product dashboard--statement of fees and other costs  

              Subdivision 2E.2--Making portfolio holding information publicly available

   7.9.07Z.Kinds of disclosable item for aggregated reporting  
   7.9.07ZA.Way the information must be organised  

              Subdivision 2E.3--Additional obligations to provide information

   7.9.07ZB.Obligation to provide information to the holder of a superannuation product via website  
   7.9.07ZC.Transitional obligation to provide information to the holder of a superannuation product via website  

           Division 3----Dealing with money received for financial product before the product is issued

   7.9.08. Accounts  
   7.9.08A.Dealing with interest  
   7.9.08B.Crediting of payments before money is received  
   7.9.08C.Money held in trust for a superannuation product or RSA  
   7.9.08D.Statutory funds under the Life Insurance Act 1995  

           Division 4----Content of Product Disclosure Statements

              Subdivision 4.1--Preliminary

   7.9.09. Application of this Division  

              Subdivision 4.1A--No Product Disclosure Statement for carbon units, Australian carbon credit units and eligible international emissions units

   7.9.09A.Application of this Subdivision  
   7.9.09B.Provisions of Part 7.9 of Act that do not apply in relation to carbon units, Australian carbon credit units and eligible international emissions units  
   7.9.09C.Modification of Act  

              Subdivision 4.2A--Form and content of Product Disclosure Statement for standard margin lending facility

   7.9.11. Application of this Subdivision  
   7.9.11A.Provisions of Part 7.7 of Act that do not apply in relation to standard margin lending facility  
   7.9.11B.Definitions for Subdivision 4.2A  
   7.9.11C.Modification of Act--standard margin lending facility  
   7.9.11D.Form and content of Product Disclosure Statement for standard margin lending facility  
   7.9.11E.Requirements for references to incorporated information for standard margin lending facility  
   7.9.11F.Retention of copies of Product Disclosure Statement for standard margin lending facility  
   7.9.11G.Requirement to provide copy of Product Disclosure Statement for standard margin lending facility free of charge  
   7.9.11H.Notification about change to Approved Securities List or current interest rate for standard margin lending facility  

              Subdivision 4.2B--Content of Product Disclosure Statement for superannuation product

   7.9.11K.Application of this Subdivision  
   7.9.11L.Provisions of Part 7.7 of Act that do not apply in relation to superannuation product  
   7.9.11LA.Attribution of accrued default amount to MySuper product--exemption from significant event notice requirements  
   7.9.11LB.Attribution of accrued default amount to MySuper product--modification of significant event notice requirements  
   7.9.11M.Provisions of Part 7.9 of Act that do not apply in relation to superannuation product  
   7.9.11N.Modification of Act--superannuation product  
   7.9.11O.Form and content of Product Disclosure Statement for superannuation product  
   7.9.11P.Requirements for references to incorporated information for superannuation product  
   7.9.11Q.Retention of copies of Product Disclosure Statement for superannuation product  
   7.9.11R.Requirement to provide copy of Product Disclosure Statement for superannuation product free of charge  

              Subdivision 4.2C--Content of Product Disclosure Statement for simple managed investment scheme

   7.9.11S.Application of this Subdivision  
   7.9.11T.Provisions of Part 7.7 of Act that do not apply in relation to simple managed investment scheme  
   7.9.11U.Provisions of Part 7.9 of Act that do not apply in relation to simple managed investment scheme  
   7.9.11V.Modification of Act--simple managed investment scheme  
   7.9.11W.Form and content of Product Disclosure Statement for simple managed investment scheme  
   7.9.11X.Requirements for references to incorporated information for simple managed investment scheme  
   7.9.11Y.Retention of copies of Product Disclosure Statement for simple managed investment scheme  
   7.9.11Z.Requirement to provide copy of Product Disclosure Statement for simple managed investment scheme free of charge  

              Subdivision 4.2D--Content of Product Disclosure Statement for simple sub-fund products

   7.9.11ZA.Application of this Subdivision  
   7.9.11ZB.Provisions of Part 7.7 of Act that do not apply in relation to simple sub-fund products  
   7.9.11ZC.Provisions of Part 7.9 of Act that do not apply in relation to simple sub-fund products  
   7.9.11ZD.Modification of Act--simple sub-fund products  
   7.9.11ZE.Form and content of Product Disclosure Statement for simple sub-fund products  
   7.9.11ZF.Requirements for references to incorporated information for simple sub-fund products  
   7.9.11ZG.Retention of copies of Product Disclosure Statement for simple sub-fund products  
   7.9.11ZH.Requirement to provide copy of Product Disclosure Statement for simple sub-fund products free of charge  

              Subdivision 4.3--Other arrangements for Product Disclosure Statements and application forms

   7.9.12. Modification of Act: Product Disclosure Statements and application forms for standard employer-sponsors and successor funds  
   7.9.13. Offer of superannuation interest without application or eligible application  
   7.9.14. Remedies for person acquiring financial product under defective Product Disclosure Statement: superannuation and RSAs  
   7.9.14A.Treatment of arrangements under which a person can instruct another person to acquire a financial product  

              Subdivision 4.4--Product information for certain insurance products

   7.9.14B.Product information  

           Division 4A--General

   7.9.14C.Labour standards and environmental, social and ethical considerations  
   7.9.14D.Further statements required in Product Disclosure Statement--financial claims scheme  
   7.9.15. More detailed information in Product Disclosure Statement: unauthorised foreign insurer  
   7.9.15A.Product Disclosure Statements--requirement to state information as amounts in dollars  
   7.9.15B.Product Disclosure Statements--disclosure of dollar amounts  
   7.9.15C.Product Disclosure Statements--disclosure of dollar amounts  
   7.9.15CA.Less information in Product Disclosure Statement--financial claims scheme  
   7.9.15D.Less information in product disclosure statement: general insurance product  
   7.9.15DA.Statement or information not included in a Product Disclosure Statement  
   7.9.15DB.Requirement to keep record of Product Disclosure Statement and other documents  
   7.9.15DC.Requirement to lodge documents mentioned in a Product Disclosure Statement with ASIC  
   7.9.15E.More detailed information in product disclosure statement: general insurance product  
   7.9.15F.Product disclosure statement: general insurance product  
   7.9.15FA.Transitional arrangements for regulations 7.9.15D, 7.9.15E and 7.9.15F  
   7.9.15H.New section 1012G: product disclosure statement may sometimes be provided later  
   7.9.15I.Modification of section 1012IA  
   7.9.16. More detailed information in Product Disclosure Statement: consumer credit insurance product  
   7.9.16A.Small scale offerings of managed investment and other prescribed financial products (20 issues or sales in 12 months)  

           Division 4B--Ongoing disclosure

   7.9.16G.Ongoing disclosure of material changes and significant events  

           Division 4C--Fee Disclosure for certain financial products

              Subdivision 4C.1--Application

   7.9.16J.Application of this Division to financial products  
   7.9.16JA.Application of this Division to financial products--temporary arrangements  
   7.9.16K.Application of this Division to periodic statements and Product Disclosure Statements  

              Subdivision 4C.2--Product Disclosure Statements

   7.9.16L.More detailed information about fees and costs  
   7.9.16M.Modification of section 1015C of the Act  
   7.9.16N.Presentation, structure and format of fees and costs in Product Disclosure Statements  

              Subdivision 4C.3--Periodic statements

   7.9.16O.Presentation, structure and format of fees and charges in periodic statements  

           Division 4D--Other requirements relating to Product Disclosure Statements and Supplementary Product Disclosure Statements

              Subdivision 4D.1--Requirement to lodge a notice with ASIC

   7.9.16T.Variation of paragraph 1015D(2)(b) of the Act  

           Division 5--Ongoing requirements for product disclosure after person becomes a member

              Subdivision 5.1--Preliminary

   7.9.17. Application of Division 5  

              Subdivision 5.2--Periodic statements for retail clients for financial products that have an investment component

   7.9.18. Application of Subdivision 5.2  
   7.9.19. Specific requirements for periodic statements: superannuation funds (other than self managed superannuation funds) and RSAs  
   7.9.19A.Withdrawal benefit--fees, charges or expenses  
   7.9.19B.Withdrawal benefit--fees, charges and expenses  
   7.9.20. Specific requirements for certain periodic statements: superannuation funds (other than self managed superannuation funds)  
   7.9.20AA.Specific requirements for certain periodic statements: superannuation funds (other than self managed superannuation funds)--long-term returns  
   7.9.20A.Details of other significant benefits--disclosure of fees, charges or expenses  
   7.9.20B.Other significant benefits--disclosure of fees, charges or expenses  
   7.9.21. Specific requirements in particular cases: member (other than capital guaranteed member) of fund other than a self managed superannuation fund  
   7.9.22. Specific requirements: capital guaranteed funds and RSAs  
   7.9.23. Information for capital guaranteed fund: benefits reach $10 000  
   7.9.24. Modification of Act: pensioners, members subject to compulsory protection of small amounts and members with small amounts that are expected to grow quickly  

              Subdivision 5.3--Periodic statements for retail clients for financial products that have an investment component

   7.9.25. Application of Subdivision 5.3  
   7.9.26. Specific requirements where applicable: RSAs  
   7.9.27. Modification of Act: periodic statements for RSA holders  
   7.9.28. Information for RSA: amount reaches $10 000  

              Subdivision 5.4--Periodic statements for retail clients for financial products that have an investment component

   7.9.29. Application of Subdivision 5.4  
   7.9.30. Additional information for change to choices  

              Subdivision 5.4A--Periodic statements for retail clients for financial products that have an investment component

   7.9.30A.Application of Subdivision 5.4A  
   7.9.30B.Details to be included in periodic statements for margin lending facilities  

              Subdivision 5.5--Fund information for retail clients for financial products that have an investment component

   7.9.31. Application of Subdivision 5.5  
   7.9.31A.Trustee of superannuation entity must provide fund information to holders of interests in the entity  
   7.9.32. Fund information must be provided for each fund reporting period  
   7.9.33. Use of more than 1 document  

              Subdivision 5.6--Fund information for retail clients for financial products that have an investment component

   7.9.34. Application of Subdivision 5.6  
   7.9.35. General requirement  
   7.9.36. Specific requirements in all cases  
   7.9.37. Specific requirements in particular cases  
   7.9.39. Benefits determined by life insurance products  

              Subdivision 5.7--Fund information for retail clients for financial products that have an investment component

   7.9.40. Application of Subdivision 5.7  
   7.9.41. Specific requirements in all cases  
   7.9.42. Specific requirements in particular cases  

              Subdivision 5.8--Ongoing disclosure of material changes and significant events

   7.9.43. Modification of Act: disclosure of material changes and significant events in relation to superannuation products and RSAs  
   7.9.44. Benefits to be paid to eligible rollover fund  

              Subdivision 5.8A--Information in relation to inactive superannuation accounts

   7.9.44A.Meaning of inactive  
   7.9.44B.Notices about insurance--inactivity  
   7.9.44C.Notices about insurance--right to cease insurance cover  

              Subdivision 5.9--Information on request

   7.9.45. Regulated superannuation funds, approved deposit funds and pooled superannuation trusts  
   7.9.46. RSAs  

              Subdivision 5.10--Information on request

   7.9.47. Modification of Act: charges for information requested  

              Subdivision 5.12--Periodic report when product holder ceases to hold product

   7.9.49. Application of Subdivision 5.12  
   7.9.50. Meaning of exit reporting period  
   7.9.51. Time for compliance  
   7.9.52. General requirement  
   7.9.53. Information on death of product holder  
   7.9.54. Specific requirements in all cases  
   7.9.55. Specific requirements in particular cases  
   7.9.56. Exceptions to exit reporting period provisions: superannuation products and RSAs  
   7.9.57. Exception--members subject to compulsory protection of small amounts  
   7.9.58. Information to be given in cases other than death of RSA holder  
   7.9.59. Information to be given where applicable  
   7.9.60. Modification of Act: exceptions to exit reporting period provisions  

           Division 5AA--General requirements for financial disclosure

   7.9.60A.Modification of Act: disclosure  
   7.9.60B.Disclosure of transactions in periodic statements  

           Division 5AB--Short-Form Product Disclosure Statements

   7.9.61AA.Modification of the Act: Short-Form Product Disclosure Statements  

           Division 5A--Dealing with money received for financial product before the product is issued

   7.9.61A.Lost application money  
   7.9.61B.Issue of substitute insurance product  
   7.9.61C.Cheques  

           Division 5B--Confirming transactions

   7.9.61D.Transactions involving superannuation products  

           Division 5C--CGS depository interests

   7.9.61E.Meaning of CGS depository interest information website  

           Division 6--Confirmation of transactions

   7.9.62. Confirmation of transactions not required  
   7.9.63. Confirmation of transactions: precise costs of transaction not known  
   7.9.63A.Persons who must confirm transactions  
   7.9.63B.Content of confirmation of transactions--general  
   7.9.63C.Confirmation of transaction--multiple transactions  
   7.9.63D.Confirmation of transaction--information about cooling-off period  
   7.9.63E.Confirmation of transaction--facility that provides written confirmation  
   7.9.63F.Confirmation of transaction--acquisition of financial product  
   7.9.63G.Confirmation of transaction--disposal of financial product  
   7.9.63H.Certain product issuers and regulated persons must meet appropriate dispute resolution requirements--self managed superannuation funds  
   7.9.63I.Confirmation of transaction in electronic form  

           Division 7--Cooling-off periods

   7.9.64. Cooling-off periods not to apply  
   7.9.64A.Notification of exercise of right of return--risk insurance products  
   7.9.65. Return of financial product: general  
   7.9.66. Return of financial product: superannuation and RSAs  
   7.9.67. Variation of amount to be repaid  
   7.9.68. Modification of section 1019B of the Act: client includes standard employer-sponsor  
   7.9.69. Modification of provisions of Division 5 of Part 7.9 of the Act: terms of contract  
   7.9.70. Modification of provisions of Division 5 of Part 7.9 of the Act: distributions  

           Division 8--Other requirements

   7.9.71. Modification of section 1017D of the Act: use of more than 1 document  
   7.9.71A.Periodic statements--exemption for passbook accounts  
   7.9.72. Modification of section 1017D of the Act: information already given  
   7.9.73. Reporting periods: general  
   7.9.74. Form of application  
   7.9.74A.Periodic statements--requirement to state information as amounts in dollars  
   7.9.75. Content of periodic statements: costs of transactions  
   7.9.75A.Ways of giving information  
   7.9.75B.Information in electronic form  
   7.9.75C.Periodic statements--disclosure of amounts  
   7.9.75D.Periodic statements--disclosure of amounts  
   7.9.76. Consents to certain statements  
   7.9.77. Alternative dispute resolution requirements--product issuer that is not a financial services licensee  
   7.9.77A.Dispute resolution requirement--obligation to cooperate with AFCA  
   7.9.78. Additional statement: trustee required to provide benefits  
   7.9.80B.Short selling of certain warrants  

           Division 9--Additional requirements for transfer of lost members and lost RSA holders

   7.9.81. Lost members  
   7.9.82. Lost RSA holders  

           Division 11--Superannuation to which arrangements apply under the Family Law Act 1975

   7.9.84. Definitions for Division 11  
   7.9.85. Application of Division 11  
   7.9.86. Acquisition of financial product  
   7.9.87. Modification of Act: Product Disclosure Statement in relation to superannuation interest under Family Law Act  
   7.9.88. Statement content in relation to superannuation interest under Family Law Act: superannuation fund  
   7.9.89. Statement content in relation to superannuation interest under Family Law Act: RSA  
   7.9.90. Information for existing holders of superannuation products and RSAs in relation to superannuation interest  
   7.9.91. Periodic statements for retail clients for financial products that have an investment component--general  
   7.9.92. Periodic statements for retail clients for financial products that have an investment component--superannuation interest other than percentage-only interest  
   7.9.93. Trustees of superannuation entities--additional obligation to provide information in relation to superannuation interest  
   7.9.94. Division 5 of Part 7.9 of the Act not to apply in relation to non-member spouse  

           Division 12--Medical indemnity insurance

   7.9.95. Medical indemnity insurance--exemption from product disclosure provisions  

           Division 13--Unsolicited offers to purchase financial products off market

              Subdivision A--Modifying provisions of Part 7

   7.9.95A.Offers to which this Subdivision applies  
   7.9.95B.Duration and withdrawal of the offer  
   7.9.95C.Varying the terms of the offer  
   7.9.95D.Rights if requirements not complied with  

              Subdivision B--Other matters

   7.9.96. Percentage increase or decrease in the market value of a product  
   7.9.97. Off-market trading by professional investors etc  
   7.9.97A.Information in offer document if payment is to be made in instalments  

           Division 14--Exemptions from Parts 7

   7.9.98. Certain providers of financial services exempted from the requirements of Parts 7.7, 7.8 and 7.9 of the Act  
   7.9.98A.Exemption from application of Part 7.9 of the Act  

           Division 15--Disclosure in relation to short sales covered by securities lending arrangement of listed section 1020B products

   7.9.99. Interpretation  
   7.9.100.Seller disclosure  
   7.9.100A.Seller disclosure of existing short position  
   7.9.101.Licensee disclosure  
   7.9.102.Public disclosure of information  

   PART 7.10----MARKET MISCONDUCT AND OTHER PROHIBITED CONDUCT RELATING TO FINANCIAL PRODUCTS AND FINANCIAL SERVICES

   7.10.01.Meaning of Division 3 financial products--excluded superannuation products  
   7.10.02.Professional standards schemes  
   7.10.03.Exemption for market participants of qualifying gas trading exchange  

   PART 7.10B----FINANCIAL SERVICES COMPENSATION SCHEME OF LAST RESORT

   7.10B.50.Reporting by CSLR operator if sub-sector levy cap could be exceeded (or further exceeded)  
   7.10B.55.Reporting by CSLR operator after the end of each levy period  

   PART 7.11----TITLE AND TRANSFER

           Division 1--Preliminary

   7.11.01.Definitions  
   7.11.03.Arrangements about Division 4 financial products  
   7.11.04.Arrangements for forms  
   7.11.05.Document duly completed in accordance with a particular form  
   7.11.06.Stamping of documents  
   7.11.07.Application of Division 3 of Part 7.11 of the Act to certain bodies  
   7.11.08.Interests in registered schemes  

           Division 2--Application of Part 7

   7.11.09.Application  

           Division 3--Transfer of Division 3 securities effected otherwise than through a prescribed CS facility

   7.11.10.Application of Division 3  
   7.11.11.Sufficient transfer: general  
   7.11.12.Sufficient transfer of Division 3 assets: licensed trustee company or Public Trustee of a State or Territory  
   7.11.13.Sufficient transfer of Division 3 rights: licensed trustee company or Public Trustee of a State or Territory  
   7.11.14.Sufficient transfer  
   7.11.15.Transferee's execution of transfer of Division 3 assets  
   7.11.16.Transferee's execution of transfer of Division 3 rights  
   7.11.17.Transfer document that purports to bear stamp of transferor's broker  
   7.11.18.Warranties by market licensee if transfer document purports to bear its stamp  
   7.11.19.Indemnities by market licensee and broker if transfer document purports to bear their stamps  
   7.11.20.Joint and several warranties and liabilities  
   7.11.21.Registration of certain instruments  
   7.11.22.Details to be included in instrument of transfer  

           Division 4--Transfer of Division 4 financial products effected through prescribed CS facility

   7.11.23.Application of Division 4  
   7.11.24.Application of ASTC operating rules  
   7.11.25. Participant's authority to enter into transaction continues despite client's death  
   7.11.26.Authority to enter into transaction gives authority to transfer  
   7.11.27.Effect of proper ASTC transfer on transferee: Division 4 financial products other than rights  
   7.11.28.Effect of proper ASTC transfer on transferee: rights  
   7.11.29.Warranties by participant if identification code is included in transfer document  
   7.11.30.Indemnities in respect of warranted matters: transfer not effected by the participant  
   7.11.31.Indemnities in respect of warranted matters: transferor not legally entitled or authorised to transfer Division 4 financial products  
   7.11.32.Indemnities in respect of warranted matters: participant not authorised to effect transfer  
   7.11.33.Joint and several warranties and liabilities  
   7.11.34.ASTC entitled to assume its operating rules complied with  
   7.11.35.ASTC-regulated transfer not to be registered unless proper ASTC transfer  
   7.11.36.Issuer not to refuse to register proper ASTC transfer  
   7.11.37.Determination of who holds Division 4 financial products for the purposes of meeting  
   7.11.38.Determination of who holds Division 4 financial products in class of Division 4 financial products for the purposes of meeting  
   7.11.39.Determination of who holds Division 4 financial products for the purposes of conferring security benefits  

           Division 5----Offences

   7.11.40.Stamping of broker's stamp on sufficient transfer  
   7.11.41.Inclusion of identification codes in proper ASTC transfers  
   7.11.42.Contravention by participant of the ASTC certificate cancellation provisions relating to use of cancellation stamps  

           Division 6--Civil liability

   7.11.43.Contravention by participant of the ASTC certificate cancellation provisions  

   PART 7.12----MISCELLANEOUS

   7.12.01.Destruction of records by ASIC  
            

CHAPTER 8--Mutual recognition of securities offers
            

   PART 8.1----PRELIMINARY

   8.1.01. Meaning of foreign recognition scheme  
   8.1.02. Meaning of offeror--prescribed offer and kind of person  
   8.1.03. Meaning of recognised jurisdiction  

   PART 8.2----FOREIGN OFFERS THAT ARE RECOGNISED IN THIS JURISDICTION

           Division 1--Recognised offers

   8.2.01. Prescribed offer (Act s 1200C(4))  
   8.2.02. Prescribed warning statements (Act s 1200E)  
   8.2.03. Prescribed details to be given in warning statements (Act s 1200E(b))  
   8.2.04. Prescribed home regulators (Act s 1200G(13) and (14))  

           Division 4--Modification of the Act in relation to its application to recognised offers for interests in New Zealand managed investment schemes (Act s 1020G, 1200M)

   8.4.01. Modification of Part 7.9 of the Act--New Zealand offer documents replace Product Disclosure Statements  
   8.4.02. Modification of Part 6D.2 of the Act and Part 7.9 of the Act--certain disclosure obligations not to apply  
            

CHAPTER 8A--Asia Region Funds Passport
            

   PART 8A.4----NOTIFIED FOREIGN PASSPORT FUNDS

           Division 1--Becoming a notified foreign passport fund

   8A.4.10.Rejecting a notice of intention--name of fund identical to another or unacceptable  

           Division 4--Providing key information in relation to notified foreign passport funds

   8A.4.40.Register of members--purposes for which a person may obtain and use a copy  
   8A.4.45.Destruction of records by ASIC--period before documents may be destroyed  

   PART 8A.5----REGISTER OF PASSPORT FUNDS

   8A.5.10.Prescribed details for the Register of Passport Funds  

   PART 8A.7----DEREGISTRATION AND DENOTIFICATION

   8A.7.10.Authority  
   8A.7.15.Continued application of Corporations legislation to deregistered Australian passport funds  
   8A.7.20.Continued application of Corporations legislation to funds that have been removed as notified foreign passport funds  
            

CHAPTER 8B--Corporate collective investment vehicles
            

   PART 8B.4----CORPORATE FINANCE AND FINANCIAL REPORTING FOR CCIVS

           Division 1--Shares

   8B.4.10.Cross investment between sub-funds of a CCIV--restriction for circular cross-investment  
   8B.4.15.Cross investment between sub-funds of a CCIV--requirements and restrictions on membership rights  

           Division 4--Financial reports and audit of CCIVs

   8B.4.40.Keeping financial records for sub-funds--further requirement for cross-investment  
   8B.4.45.Annual financial reports for sub-funds--further requirement for cross-investment  
   8B.4.50.Combining financial reports, and directors' reports etc., for sub-funds of the same CCIV  

   PART 8B.5----OPERATING A CCIV

   8B.5.10.Who may hold CCIV assets--minimum standards and other requirements  
   8B.5.15.Holding money and property of a CCIV on trust--exception  
   8B.5.20.Holding money and property of a CCIV separately--exception and other requirements for certain classes of assets  
            

CHAPTER 9--Miscellaneous
            

   PART 9.1----REGISTERS AND REGISTRATION OF DOCUMENTS

   9.1.01. Prescribed registers  
   9.1.02. Prescribed information  

   PART 9.2----REGISTRATION OF AUDITORS

           Division 2--Registration

   9.2.01. Practical experience in auditing (Act s 1280(2))  
   9.2.02. Prescribed universities and institutions (Act ss 1280(2A))  
   9.2.03. Prescribed courses (Act s 1280(2A))  

           Division 2A--Conditions on registration

   9.2.08. Kinds of conditions (Act s 1289A)  

   PART 9.2A----AUTHORISED AUDIT COMPANIES

           Division 1--Registration

   9.2A.01.Application for registration as authorised audit company (Act s 1299A)  
   9.2A.03.Annual statements by authorised audit company (Act s 1299G)  

   PART 9.4A----REGISTER AND INDEX

   9.4A.01.Definitions for Part 9.4A  
   9.4A.02.Register and index must be kept up to date: subsection 1306(4A) of the Act  

   PART 9.4AB----INFRINGEMENT NOTICES

   9.4AB.01.Prescribed offences (Act s 1317DAN)  
   9.4AB.02.Prescribed civil penalty provisions (Act s 1317DAN)  

   PART 9.5----DELEGATION OF POWERS AND FUNCTIONS UNDER THE ACT

   9.5.01. Prescribed functions (Law s 1345A(1))  

   PART 9.7----UNCLAIMED PROPERTY

   9.7.01. Entitlement to unclaimed property  

   PART 9.10----FEES IMPOSED BY THE CORPORATIONS (FEES) ACT 2001 AND THE CORPORATIONS (REVIEW FEES) ACT 2003

   9.10.01.Penalty for failure to pay review fee on time--prescribed penalty (Act s 1364)  

   PART 9.12----MATTERS RELATING TO REGULATIONS

   9.12.01.Exemptions from Chapter 7  
   9.12.02.Exemption from provisions of Chapter 7--CLS Bank  
   9.12.03.Partial exemption of foreign-based market licensees from certain notification obligations  
   9.12.03A.Exemption from provisions of Chapter 7--compliance with ASIC exemptions  
   9.12.04.Exemption from provisions of Chapter 7--carbon unit auctions  
   9.12.05.Exemption from provisions of Chapter 7--gas trading exchange  
            

CHAPTER 10--Repeals, transitional matters and application provisions
            

   PART 10.2----TRANSITIONAL ARRANGEMENTS RELATING TO FINANCIAL SERVICES REFORM LEGISLATION

           Division 1--Preliminary

   10.2.01.Application of Part 10.2  
   10.2.02.Definitions  
   10.2.02A.References to transition periods  
   10.2.02B.References to the application of Division 2 of Part 7.9 of the Act  

           Division 1A--Treatment of proposed markets that have not started to operate by the FSR commencement

   10.2.02C.Proposed markets  

           Division 2--Transitional arrangements relating to business rules or listing rules

              Subdivision 2.1--Business rules

   10.2.03. Amendment of business rules of securities exchange before FSR commencement  
   10.2.04.Amendment of SCH business rules before FSR commencement  
   10.2.05.Amendment of SEGC business rules before FSR commencement  
   10.2.06.Amendment of business rules of futures body before FSR commencement  

              Subdivision 2.2--Listing rules

   10.2.07. Amendment of listing rules of securities exchange before FSR commencement  

           Division 3--Status of directions and notices

   10.2.08.Direction to securities exchange to comply with ongoing requirements  
   10.2.09.Notice to securities exchange of need to prohibit trading  
   10.2.10.Notice to securities exchange prohibiting trading  
   10.2.11.Direction to futures exchange--orderly market  

           Division 4--Assistance to ASIC

   10.2.12.Obligations of securities exchange: disciplinary action  
   10.2.13.Obligations of securities exchange: particulars of contravention  
   10.2.14.Obligations of securities exchange: information about listed disclosing entity  
   10.2.15.Obligations of securities clearing house: disciplinary action  
   10.2.16.Obligations of futures body: disciplinary action  
   10.2.17.Obligations of futures body: particulars of contravention  
   10.2.18.Obligations of clearing house for futures exchange: information about listed disclosing entity  

           Division 5--Special reports

   10.2.19.Special report by securities exchange about compliance with ongoing requirements  
   10.2.20.Special report by securities exchange about compliance with ongoing requirements: ASIC requirements  

           Division 5A--Transactions by holder of financial services licence or a representative of the holder of such a licence

   10.2.20A.References to financial service licensee  

           Division 5B--Obligation to pay money into account

   10.2.20B.Financial products quoted on Australian Stock Exchange Limited  

           Division 6----Self-listing

   10.2.21.Status of arrangements for self-listing  
   10.2.22.Status of exemption relating to self-listing  

           Division 7--Decisions about membership of futures exchange

   10.2.23.Status of notice to applicant  
   10.2.24.Status of notice to ASIC  

           Division 8--National Guarantee Fund

   10.2.25.Status of claim against the National Guarantee Fund  
   10.2.26.Entitlement to make claim against the National Guarantee Fund  
   10.2.27.Status of future claim against the National Guarantee Fund  
   10.2.27A.Expenditure of excess funds from National Guarantee Fund  

           Division 9--Claims against fidelity funds

   10.2.28.Status of claim against fidelity fund  
   10.2.29.Entitlement to make claim against fidelity fund  
   10.2.29A.Status of incomplete claim against fidelity fund  
   10.2.30.Status of future claim against fidelity fund  

           Division 10--Status of netting markets

   10.2.31.Netting markets  
   10.2.32.Netting market approval granted before the FSR commencement  

           Division 11--Status of listed securities

   10.2.33.Securities of exempt stock markets  

           Division 12----Miscellaneous

   10.2.34.Preservation of nomination of body corporate as SEGC  

           Division 13--Regulated principals

   10.2.35.Definitions  
   10.2.35A.Streamlined licensing procedure for certain regulated principals  
   10.2.36.Persons who are not covered by section 1433 of the Act  
   10.2.37.Variation of conditions on financial services licence  
   10.2.38.Persons taken to be regulated principals: giving of incidental advice and previously exempt persons  
   10.2.39.Reference to offer covered by Australian financial services licence: section 911A of the Act  
   10.2.40.Reference to financial services licensee: section 911A of the Act  
   10.2.40A.Need for an Australian financial services licence  
   10.2.41.Reference to second principal: section 911B of the Act  
   10.2.42.Reference to financial services licensee: section 916D of the Act  
   10.2.43.Status of insurance agent: section 1436A of the Act  
   10.2.44A.Obligation to cite licence number in documents  
   10.2.46.When Australian financial services licence may be granted  
   10.2.46A.When Australian financial services licence may be varied  
   10.2.47A.Modification of pre-FSR authority  

           Division 14--Financial services disclosure

   10.2.48.Obligation to give Financial Services Guide for service arranged before application of Part 7.7 of the Act  
   10.2.48A.Obligation to give a Financial Services Guide for a custodial and depository service  
   10.2.49.Obligation to give Financial Services Guide in relation to existing clients  
   10.2.50.Content of Financial Services Guide for an authorised representative that is a regulated principal or a representative of a regulated principal  
   10.2.50A.Treatment of arrangements under which a person can instruct another person to acquire a financial product  

           Division 15--Other provisions relating to conduct etc

   10.2.51.Sale offers that need disclosure  
   10.2.52.Offers that do not need disclosure: small scale offerings  
   10.2.52A.Offers that do not need disclosure  
   10.2.53.Money other than loans: financial services licensee who formerly held dealer's licence  
   10.2.54.Money other than loans: financial services licensee who formerly held futures broker's licence  
   10.2.55.Money other than loans: financial services licensee who was formerly a registered insurance broker  
   10.2.56.Money other than loans: financial services licensee who ceases to be licensed  
   10.2.57.Loan money: financial services licensee who formerly held dealer's licence  
   10.2.58.Other property of clients: financial services licensee who formerly held dealer's licence  
   10.2.59.Other property of clients: financial services licensee who formerly held futures broker's licence  
   10.2.60.Special provisions relating to insurance: financial services licensee who was formerly a registered insurance broker  
   10.2.61.Obligation to report: financial services licensee who formerly held a futures broker's licence  
   10.2.62.Reporting in relation to dealings in derivatives: financial services licensee who formerly held a dealer's licence  
   10.2.63.Financial statements of financial services licensee: general  
   10.2.64.Financial statements of financial services licensees who were certain regulated principals  
   10.2.65.Auditors: certain financial services licensee who formerly held dealer's licence  
   10.2.66.Auditors: certain financial services licensees who held a futures broker's licence  
   10.2.67.Auditor's report in certain matters: financial services licensee who formerly held a dealer's licence  
   10.2.68.Auditor's report on certain matters: financial services licensee who formerly held a futures broker's licence  
   10.2.69.Auditor's report on certain matters: financial services licensee who was formerly a registered insurance broker  
   10.2.70.Priority to clients' orders: financial services licensee who held a dealers licence  
   10.2.71.Sequencing of instructions to deal through licensed markets: financial services licensee who formerly held a futures brokers licence  
   10.2.72.Records relating to instructions to deal through licensed markets: financial services licensee who held a futures brokers licence  
   10.2.73.Dealing with non-licensees: financial services licensee who held a dealers licence  
   10.2.73A.Advertising for financial products  
   10.2.73B.Freezing accounts  

           Division 16--Product disclosure provisions for existing products during transition period

   10.2.74.Financial products in the same class  
   10.2.75.References to financial services licensee  
   10.2.76.References to retail client  
   10.2.77.References to issue of product  
   10.2.78.References to Product Disclosure Statement: offer previously accepted  
   10.2.79.References to Product Disclosure Statement: managed investment products  
   10.2.80.Lodgment of Product Disclosure Statement after lodgment of notice  
   10.2.81.Ongoing disclosure  
   10.2.82.Money received for financial product before the product is issued: general  
   10.2.83.Money received for financial product before the product is issued: requirement before application of subsection 37(2) of Insurance (Agents and Brokers) Act 1984  
   10.2.84.Confirmation of transactions  
   10.2.85.Dispute resolution requirements: financial products  
   10.2.86.Dispute resolution requirements: regulated principals  
   10.2.87A.Meaning of financial product advice: exempt document or statement  

           Division 17--Arrangements relating to enforcement of matters by ASIC

   10.2.88.Definition  
   10.2.89.Financial services law  
   10.2.90.ASIC may have regard to prior conduct and events  
   10.2.91.Power to act in relation to relevant old legislation  

           Division 18--Specific kinds of documents in existence before FSR commencement

   10.2.92.Banning orders made before FSR commencement  
   10.2.93.Banning orders made under relevant old legislation after FSR commencement  
   10.2.94.Banning orders made under the Act after FSR commencement  
   10.2.94A.Prohibitions under paragraphs 827(1)(d) and 1192(1)(d) of the old Corporations Act made before FSR commencement  
   10.2.94B.Prohibitions under paragraphs 827(1)(d) and 1192(1)(d) of the old Corporations Act made after FSR commencement  
   10.2.95.Undertakings  
   10.2.96.Registers in existence before FSR commencement  
   10.2.97.Registers created after FSR commencement  
   10.2.98.Registers, documents and things kept before FSR commencement  
   10.2.98A.Licenses, registration, etc in force before FSR commencement  

           Division 19--Extension of limitation periods

   10.2.99.Application of items 111 and 121 of the Financial Services Reform (Consequential Provisions) Act 2001 to amendments of the Australian Securities and Investments Commission Act 2001  

           Division 20--Rules for dealing with liability during transition period

   10.2.100.Application of Division 20  
   10.2.101.Definitions for Division 20  
   10.2.102.Liability of responsible person: general rules  
   10.2.103. Conduct by a person who operates as representative and principal  
   10.2.104.Operation of regulations 10.2.102 and 10.2.103  

           Division 21--Title and transfer

   10.2.105.Loss or destruction of certificates  
   10.2.106.Instrument of transfer  
   10.2.107.Trustee etc may be registered as owner of shares  
   10.2.108.Registration of transfer at request of transferor  
   10.2.109.Notice of refusal to register transfer  
   10.2.110.Duties of company with respect to issue of certificates: allotment of shares or debentures or making interests available  
   10.2.111.Duties of company with respect to issue of certificates: transfer of shares, debentures or interests  
   10.2.112.Notices relating to non-beneficial and beneficial ownership of shares  
   10.2.113.What is a sufficient transfer of marketable securities or marketable rights: general  
   10.2.114.Sufficient transfer by authorised trustee corporation  
   10.2.115.Determination of who holds quoted securities for the purposes of a meeting: determination made before FSR commencement  

           Division 22--Transitional matters under relevant old legislation

   10.2.116.Cash dealer  
   10.2.117.Exempt cash transaction  

           Division 23--Transitional matters under relevant old legislation

   10.2.118.Offshore banking units  

           Division 24--Transitional matters under relevant old legislation

   10.2.119.Insurers carrying on class of insurance business  

           Division 24A--Transitional matters under relevant old legislation

   10.2.119A.Debts of broker in relation to premiums etc  
   10.2.119B.Disqualifications made before FSR commencement  
   10.2.119C.Disqualifications made after FSR commencement  

           Division 25--Transitional matters under relevant old legislation

   10.2.120.Marine policy effected through broker  

           Division 25A--Transitional matters under relevant old legislation

   10.2.120A.Continuation of RSA Regulations during transition period  

           Division 25B--Transitional matters under relevant old legislation

   10.2.120B.Continuation of SIS Regulations during transition period  

           Division 27--Transitional matters under the Act (other than Chapter 7)

   10.2.122.Solvency and insolvency  
   10.2.123.Managed investment products held by 100 or more persons  
   10.2.124.When a managed investment scheme must be registered  
   10.2.125.Responsible entity to be a public company and hold an Australian financial services licence  
   10.2.126.Duties of officers of responsible entity  
   10.2.127.Voidable contracts  
   10.2.128.Situations not giving rise to relevant interests  
   10.2.129.Bidder's statement content  
   10.2.130.Continuous disclosure: other disclosing entities  
   10.2.131.Sale offers that need disclosure: securities issued before FSR commencement  
   10.2.132.Offers that do not need disclosure: offer to sophisticated investor through licensed dealer  
   10.2.133.Prospectus content: general disclosure test  
   10.2.134.Prospectus content--specific disclosures  
   10.2.135.Registers  

           Division 27A--Transitional matters under other legislation

   10.2.135A.References to authorised foreign exchange dealers  

           Division 28--Retail clients and wholesale clients

   10.2.136.Securities before the FSR commencement  
   10.2.137.Incomplete financial services  
   10.2.138.Professional investors  

           Division 29--Effect on definitions in old Corporations Act of transition to licensed markets and licensed CS facilities

   10.2.139.Approved foreign bank  
   10.2.140.Eligible exchange-traded options  
   10.2.141.Futures law  
   10.2.142.Member organisation  
   10.2.143.Non-broker  
   10.2.144.Non-dealer  
   10.2.145.Securities law  
   10.2.146.Marketable parcel  

           Division 30--Effect on certain conduct of transition to licensed markets and licensed CS facilities

   10.2.147.Own account dealings and transactions: futures contracts  
   10.2.148.Conditions of dealers licence  
   10.2.149.Persons who are not clients  
   10.2.150.Dealings and transactions on a dealer's own account  
   10.2.151.Dealer to give priority to clients' orders  
   10.2.152.Dealers' financial records  
   10.2.153.Auditor to report to ASIC on certain matters  
   10.2.154.Qualified privilege for auditor  
   10.2.155.Court may freeze certain bank accounts of dealers and former dealers  
   10.2.156.Interpretation--registers  
   10.2.157.Conditions of futures broker's licence: membership of futures organisation  
   10.2.158.Futures organisation to be informed about conditions of futures brokers licence  
   10.2.159.Licensee to notify breach of licence condition  
   10.2.160.Register of Futures Licensees  
   10.2.161.Excluded clients  
   10.2.162.Segregation of client money and property  
   10.2.163.Accounts to be kept by futures brokers  
   10.2.164.Property in custody of futures broker  
   10.2.165.Auditor to report to ASIC in certain cases  
   10.2.166.Defamation  
   10.2.167.Power of Court to restrain dealings with futures broker's bank accounts  
   10.2.168.Power of Court to restrain dealings with futures broker's bank accounts  
   10.2.169.Sequence of transmission and execution of orders  
   10.2.170.Dealings by employees of futures brokers and futures advisers  

           Division 31--Effect on fundraising of transition to licensed markets and licensed CS facilities

   10.2.171.Sale offers that need disclosure  
   10.2.172.Prospectus content--specific disclosures  
   10.2.173.Issuing or transferring the securities under a disclosure document  
   10.2.174.Choices open to person making an offer if disclosure document condition not met or disclosure document defective  
   10.2.175.Restrictions on advertising and publicity  

           Division 32--Effect on product disclosure of transition to licensed markets and licensed CS facilities

   10.2.176.Offers that do not need disclosure  
   10.2.177.Prospectus content--general disclosure test  
   10.2.178.Prospectus content--specific disclosures  
   10.2.179.Futures broker to give certain information to prospective client  

           Division 33--Effect on Corporations Regulations 2001 of transition of financial service providers and transition to licensed markets and licensed CS facilities

   10.2.180.Licence conditions--investment advice to retail investors  
   10.2.181.Exemption from licensing--certain dealings  
   10.2.182.Exemption from licensing--managed investment schemes  
   10.2.183.Exempt dealer  
   10.2.184.Exempt securities and interests  
   10.2.185.Transactions in prescribed circumstances  
   10.2.186.Exempted transaction  
   10.2.187.Charging brokerage on principal transactions  
   10.2.188.Exemption from subsection 844(2) of old Corporations Act  
   10.2.189.Exemption: Part 8.3 of old Corporations Act--certain futures contracts  
   10.2.190.Exemption of certain transactions from subsection 1206(1) of old Corporations Act  
   10.2.191.Exemption of certain transactions from subsection 1207(1) of the old Corporations Act  
   10.2.192.Which futures broker to comply with subsection 1207(1) of old Corporations Act in relation to certain transactions  
   10.2.193.Exemption of certain transactions from paragraphs 1207(1)(g) and (h) of old Corporations Act  

           Division 34--Effect on certain instruments of transition of financial service providers and transition to licensed markets and licensed CS facilities

   10.2.194.References to certain matters  

           Division 35--Streamlined licensing

   10.2.195.Suspension or cancellation of streamlined licence  

           Division 36--Insurance multi-agents

   10.2.196.Application by holder of qualified licence  

           Division 37--Hawking of managed investment products

   10.2.197.Hawking interest in managed investment scheme  
   10.2.198.Hawking financial product--other arrangements  

           Division 38--Security bonds issued before FSR commencement

   10.2.199.Security bonds  

           Division 39--Disclosure documents

   10.2.200.Disclosure documents--cooling-off period  

           Division 41--Requirements if Product Disclosure Statement is not in existence

   10.2.202.Documents equivalent to Product Disclosure Statement  

           Division 42--Dealing with money received for financial product before the product is issued

   10.2.203.Payment of money into account  

           Division 43--Arrangements related to deposits with stock exchanges

   10.2.204.Withdrawals from trust account  

           Division 44--Superannuation to which arrangements apply under the Family Law Act 1975

   10.2.205.Application of amendments  

           Division 45--Arrangements relating to certain reporting periods

   10.2.206.Fund information for retail clients for financial products that have an investment component: superannuation  
   10.2.207.Periodic statements for retail clients for financial products that have an investment component  

           Division 46--Arrangements relating to passbook accounts

   10.2.208.Periodic statements  
   10.2.209.Confirmation of transactions  

           Division 47--Agreements with unlicensed persons relating to the provision of financial services

   10.2.210.Agreements  

           Division 48--Arrangements for Lloyd's

   10.2.211.Lloyd's  

           Division 49--Hawking of certain financial products

   10.2.212.Hawking of managed investment products  

           Division 50--Warrants or options to acquire issued securities

   10.2.213.Warrants or options to acquire issued securities  

           Division 52--Winding up of fidelity funds if market ceases to operate

   10.2.215.Winding up of fidelity funds if market ceases to operate  

   PART 10.5----TRANSITIONAL PROVISIONS RELATING TO THE CORPORATE LAW ECONOMIC REFORM PROGRAM (AUDIT REFORM AND CORPORATE DISCLOSURE) ACT 2004

   10.5.01.Adoption of auditing standards made by accounting profession before commencement (Act ss 1455(1) and (3))  

   PART 10.15----TRANSITIONAL PROVISIONS RELATING TO THE CORPORATIONS AMENDMENT (FINANCIAL MARKET SUPERVISION) ACT 2010

   10.15.01.Application of Part 10.15  
   10.15.02.Amendments not to apply to certain operators of licensed markets  
   10.15.03.Transfer of documents  
   10.15.04.Notifications, consents, waivers, etc  
   10.15.05.Notification given by participant to operator of licensed market  
   10.15.06.Registers  

   PART 10.18----TRANSITIONAL PROVISIONS RELATING TO CORPORATIONS AMENDMENT (FURTHER FUTURE OF FINANCIAL ADVICE MEASURES) ACT 2012

   PART 10.19----TRANSITIONAL MATTERS RELATING TO MYSUPER MEASURES

   10.19.01.Changes to product disclosure statements and periodic statements  

   PART 10.21----APPLICATION PROVISIONS RELATING TO THE CORPORATIONS AMENDMENT (CENTRAL CLEARING AND SINGLE-SIDED REPORTING) REGULATION 2015

   10.21.01.First application of 7.5A.73--existing phase 3 reporting entities  

   PART 10.22----APPLICATION PROVISIONS RELATED TO THE CORPORATIONS AMENDMENT (FINANCIAL SERVICES INFORMATION LODGEMENT PERIODS) REGULATION 2015

   10.22.01.Application of amendment of paragraph 7.6.04(1)(c)  
   10.22.02.Application of modification of subsections 916F(1) and (3)  

   PART 10.23----APPLICATION PROVISIONS RELATING TO THE CORPORATIONS AMENDMENT (REMUNERATION DISCLOSURES) REGULATION 2016

   10.23.01.Application--remuneration disclosures  

   PART 10.24----APPLICATION PROVISIONS RELATING TO THE FINANCIAL SERVICES LEGISLATION AMENDMENT (WHOLESALE MARGINING) REGULATION 2016

   10.24.01.Application of regulations 7.8.01A and 7.8.06B  

   PART 10.25----TRANSITION TO PART 3 OF THE INSOLVENCY PRACTICE SCHEDULE (CORPORATIONS)

   10.25.01.Transition to Part 3 of the Insolvency Practice Schedule (Corporations)  
   10.25.02.Application of certain amendments relating to the enactment of the Insolvency Practice Schedule (Corporations)  

   PART 10.25----APPLICATION PROVISIONS RELATING TO THE TREASURY LAWS AMENDMENT (FAIR AND SUSTAINABLE SUPERANNUATION) REGULATIONS 2017

   10.25.01.Application of amendment of subregulation 7.9.04(1)  

   PART 10.26----APPLICATION PROVISIONS RELATED TO THE CORPORATIONS AMENDMENT (CLIENT MONEY) REGULATIONS 2017

   10.26.01.Application of regulation 7.8.02A  

   PART 10.27----TRANSITIONAL PROVISIONS RELATING TO THE TREASURY LAWS AMENDMENT (PUTTING CONSUMERS FIRST--ESTABLISHMENT OF THE AUSTRALIAN FINANCIAL COMPLAINTS AUTHORITY) REGULATIONS 2018

   10.27.01.Membership of the AFCA scheme  
   10.27.02.Membership of existing external dispute resolution schemes  
   10.27.03.Written reasons for internal review decisions  
   10.27.04.Disclosing information about the AFCA scheme  

   PART 10.28----APPLICATION PROVISIONS RELATED TO THE CORPORATIONS AMENDMENT (CLIENT MONEY REPORTING RULES ENFORCEMENT POWERS) REGULATIONS 2018

   10.28.01.Application--client money reporting rules enforcement powers  

   PART 10.29----APPLICATION AND TRANSITIONAL PROVISIONS RELATING TO THE TREASURY LAWS AMENDMENT (PROTECTING YOUR SUPERANNUATION PACKAGE) REGULATIONS 2019

   10.29.01.Definitions  
   10.29.02.Transitional provisions relating to regulation 7.9.44B  
   10.29.03.Application of amendments relating to product disclosure statements  
   10.29.04.Application of amendments relating to periodic statements  

   PART 10.30----APPLICATION PROVISIONS RELATING TO THE CORPORATIONS AMENDMENT (PROPRIETARY COMPANY THRESHOLDS) REGULATIONS 2019

   10.30.01.Application of amendments--changes to proprietary company thresholds  

   PART 10.31----APPLICATION PROVISIONS RELATING TO THE TREASURY LAWS AMENDMENT (STRENGTHENING CORPORATE AND FINANCIAL SECTOR PENALTIES) REGULATIONS 2019

   10.31.01.Application--offences  

   PART 10.32----APPLICATION PROVISIONS RELATING TO THE TREASURY LAWS AMENDMENT (AFCA COOPERATION) REGULATIONS 2019

   10.32.01.Application--obligation to cooperate with AFCA  

   PART 10.33----APPLICATION PROVISIONS RELATING TO THE TREASURY LAWS AMENDMENT (ENDING GRANDFATHERED CONFLICTED REMUNERATION) REGULATIONS 2019

   10.33.01.Application of end of grandfathering arrangements  
   10.33.02.Application of record keeping requirements for rebate scheme  

   PART 10.34----APPLICATION PROVISIONS RELATED TO THE CORPORATIONS AMENDMENT (NATIONAL GUARANTEE FUND PAYMENTS) REGULATIONS 2019

   10.34.01.Application--claims for compensation payable out of the NGF  

   PART 10.35----APPLICATION PROVISIONS RELATING TO THE CORPORATIONS AMENDMENT (PORTFOLIO HOLDINGS DISCLOSURE) REGULATIONS 2021

   10.35.01.Application of amendments relating to portfolio holdings disclosure  

   PART 10.37----APPLICATION PROVISIONS RELATING TO THE TREASURY LAWS AMENDMENT (FINANCIAL SERVICES IMPROVED CONSUMER PROTECTION) (FUNERAL EXPENSES FACILITIES) REGULATIONS 2019

   10.37.01.Application of amendment relating to funeral expenses policies  

   PART 10.38----APPLICATION PROVISIONS RELATING TO THE CORPORATIONS AMENDMENT (LITIGATION FUNDING) REGULATIONS 2020

   10.38.01.Application of amendments relating to litigation funding  

   PART 10.39----APPLICATION PROVISIONS FOR THE FINANCIAL SECTOR REFORM (HAYNE ROYAL COMMISSION RESPONSE) (HAWKING OF FINANCIAL PRODUCTS) REGULATIONS 2021

   10.39.01.Right of return and refund for hawked financial products  

   PART 10.40----APPLICATION PROVISIONS RELATING TO THE FINANCIAL SECTOR REFORM (HAYNE ROYAL COMMISSION RESPONSE) (REGULATION OF SUPERANNUATION) REGULATIONS 2020

   10.40.01.Definitions  
   10.40.02.Transitional provision relating to non-public offer funds  

   PART 10.41----APPLICATION PROVISIONS RELATING TO THE FINANCIAL SECTOR REFORM (HAYNE ROYAL COMMISSION RESPONSE--BREACH REPORTING AND REMEDIATION) REGULATIONS 2021

   10.41.01.Provisions relating to continued application of section 912D of the Act  

   PART 10.42----APPLICATION PROVISIONS RELATING TO THE FINANCIAL SECTOR REFORM (HAYNE ROYAL COMMISSION RESPONSE) (2021 MEASURES NO. 1) REGULATIONS 2021

   10.42.01.Application of claims handling and settling services reforms  

   PART 10.43----APPLICATION PROVISIONS RELATING TO SIMPLIFIED LIQUIDATION PROCESS UNDER THE CORPORATIONS AMENDMENT (CORPORATE INSOLVENCY REFORMS) REGULATIONS 2020

   10.43.01.Application of amendments relating to the simplified liquidation process  

   PART 10.45----APPLICATION PROVISIONS RELATING TO THE CORPORATIONS AMENDMENT (STATUTORY MINIMUM) REGULATIONS 2021

   10.45.01.Application of amendment of paragraph 5.4.01AAA(1)(b)  

   PART 10.47----APPLICATION PROVISIONS RELATING TO THE CORPORATIONS AMENDMENT (LITIGATION FUNDING) REGULATIONS 2021

   10.47.01.Application of amendments relating to licence conditions in relation to a litigation funding scheme mentioned in subregulation 7.1.04N(3)  

   PART 10.48----APPLICATION PROVISIONS RELATING TO THE CORPORATIONS AMENDMENT (LITIGATION FUNDING) REGULATIONS 2022

   10.48.01.Application of amendments relating to litigation funding  

   PART 10.49----APPLICATION PROVISIONS RELATING TO SCHEDULE 1 TO THE TREASURY LAWS AMENDMENT (MODERNISING BUSINESS COMMUNICATIONS AND OTHER MEASURES) REGULATIONS 2022

   10.49.01.Application of amendment to Form 509H (creditor's statutory demand for payment of debt)  

   PART 10.50----APPLICATION PROVISIONS RELATING TO THE TREASURY LAWS AMENDMENT (FINANCIAL REPORTING AND AUDITING OF REGISTRABLE SUPERANNUATION ENTITIES) REGULATIONS 2023

   10.50.01.Application of amendments relating to financial reporting and auditing of registrable superannuation entities  
            

CHAPTER 12--Financial sector reform
            

   PART 12.1----PRELIMINARY

   12.1.01.Definitions for Chapter 12  
   12.1.02.Application of this Chapter to previous governing Codes etc  
   12.1.03.Interpretation of applied provisions  

   PART 12.2----TRANSITIONAL MATTERS--GENERAL

           Division 2--Other matters

   12.2.08.Lodgment of certain documents with ASIC  
   12.2.10.Certain appointments of auditors continue  
   12.2.12.Converted shares  

   PART 12.4----NOTICE OF MEETINGS OF CERTAIN BODIES CORPORATE

   12.4.01.Application of Part  
   12.4.02.Modification of certain provisions of Act  
   12.4.03.Members etc may elect to be notified of meetings  
   12.4.04.Notice of meetings to be published in press  
   12.4.05.Copies of notices to be displayed  
   12.4.06.Members may request notice of meetings at any time  
   12.4.07.Records to be kept about notices  

   PART 12.5----DETERMINATIONS AND DECLARATIONS IN RELATION TO CERTAIN INSTRUMENTS

   12.5.01.Definition for Part 12.5  
   12.5.02.Application, variation, revocation and modification  
   12.5.03.Effect of determinations and declarations  
   12.5.04.Publication of determinations and declarations  
   12.5.05.When determinations and declarations take effect  
   12.5.06.Inspection and purchase of copies of instruments  

   PART 12.6----FINANCIAL REPORTING BY CERTAIN BODIES CORPORATE

   12.6.01.Application of Part  
   12.06.01A.Annual financial reporting  
   12.6.02.Modification of certain provisions of Act  
   12.6.03.Members etc may elect to receive reports  
   12.6.04.Copies of reports to be available to members  
   12.6.05.Records to be kept about notices  

   PART 12.7----OTHER DISCLOSURE

           Division 1--Preliminary

   12.7.01.Definitions for Part 12.7  
   12.7.02.Declarations by ASIC  

           Division 2--Continued application of certain provisions

   12.7.03.Continuation of certain provisions of previous governing Codes  
   12.7.04.Continuation of ASIC transitional standards  
   12.7.05.Exemption from, and modification of, certain provisions  
   12.7.06.Certain provisions of the Friendly Societies Code cease to apply to FSR licensee  

   PART 12.8----SHARES IN CERTAIN BODIES CORPORATE

           Division 1--Preliminary

   12.8.02.Application of Part 12.8  
   12.8.03.Meaning of member share  
   12.8.04.Declarations by ASIC  

           Division 2--Member shares

   12.8.05.Notice requirements  
   12.8.06.Registers of members  
   12.8.06A.Member shares--liability to pay calls  
   12.8.07.Disclosure in annual returns  
   12.8.08.Member shares--numbering and certificates  
   12.8.09.Member shares--unclaimed property  

           Division 3--Certain shares in transferring building societies and credit unions

   12.8.10.Definitions for Division 3  
   12.8.11.Transferring building societies may issue shares equivalent to membership shares  
   12.8.12.Transferring credit unions may issue shares equivalent to withdrawable shares  

   PART 12.9----WINDING UP AND DEREGISTRATION OF CERTAIN TRANSFERRING FINANCIAL INSTITUTIONS

   12.9.01.Application of Part 12.9  
   12.9.02.Winding up  
   12.9.03.Deregistration  
           SCHEDULE 1 List of forms in Schedule 2
           SCHEDULE 2 Forms
           SCHEDULE 2ASchedule 2A--Forms of transfer of Division 3 securities
           SCHEDULE 3 Specified offices
           SCHEDULE 4 Prescribed amounts
           SCHEDULE 5C Conduct of auditor--relevant relationships
           SCHEDULE 6 Availability of names
           SCHEDULE 7 Exemptions from requirements to set out certain corporate particulars
           SCHEDULE 7A Content of annual transparency report
           SCHEDULE 8 Schemes of arrangement under Part 5.1 of the Act
           SCHEDULE 8A Deed of company arrangement--prescribed provisions
           SCHEDULE 8AA Trustee companies
           SCHEDULE 8AB Prescribed State and Territory provisions for paragraph 601RAE(4)(a) of the Act
           SCHEDULE 8AC Prescribed State and Territory laws and provisions for paragraph 601RAE(4)(b) of the Act--estate administration
           SCHEDULE 8AD Prescribed State and Territory laws and provisions for paragraph 601RAE(4)(b) of the Act
           SCHEDULE 8AE Relevant State and Territory provisions
           SCHEDULE 8C Modifications of Part 7.5 of the Act--compensation regimes
           SCHEDULE 8D Tables for reporting portfolio holding information
           SCHEDULE 9 Companies authorised to effect transfers under Part 7.11 of the Act
           SCHEDULE 10 Disclosure of fees and other costs
           SCHEDULE 10A Modifications of Part 7.9 of the Act
           SCHEDULE 10AA Modifications of the Act in relation to their application in respect of a recognised offer or a proposed offer of securities that may become a recognised offer
           SCHEDULE 10BA Modifications of the Act relating to Short-Form Product Disclosure Statements
           SCHEDULE 10C Form and content of Product Disclosure Statement--standard margin lending facility
           SCHEDULE 10D Form and content of Product Disclosure Statement--superannuation product to which Subdivision 4.2B of Division 4 of Part 7.9 applies
           SCHEDULE 10E Form and content of Product Disclosure Statement--simple managed investment scheme
           SCHEDULE 10F Form and content of Product Disclosure Statement--simple sub-fund products
           SCHEDULE 11 Persons who are not covered by section 1433 of the Act
           SCHEDULE 12 ASIC transitional standards
           SCHEDULE 13 Transition to Part 3 of the Insolvency Practice Schedule (Corporations)


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