Commonwealth Consolidated Regulations
[Index]
[Table]
[Search]
[Search this Regulation]
[Notes]
[Noteup]
[Download]
[Help]
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. during restructuring
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. once restructuring plan is made
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.1.01A.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
PART 5D.5----ASIC-APPROVED TRANSFERS OF ESTATE ASSETS AND LIABILITIES
5D.5.01.Notice of certificate
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: applications (general)
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: other matters
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: licensees' obligations
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: the facility's operating rules and procedures
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: powers of the Minister and ASIC
7.3.07. Agencies for compliance assessment
7.3.08. Agencies for compliance assessment
Division 4--The Australian CS facility licence: applications (general)
7.3.09. Application of Division 4
7.3.10. Information
7.3.11. Documents
Division 5--The Australian CS facility licence: applications (overseas clearing and settlement facility)
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: derivative transaction rules
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: other obligations and powers
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
7.7.10ADA.Website disclosure information
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 of the Act
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.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.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.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 (rebates)
7.7A.15AJ.What Subdivision is about
7.7A.15AK.Obligations of covered person
Subdivision 6--Application provisions relating to the Corporations Amendment (Life Insurance Remuneration Arrangements) Act 2017
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 7.7A of the Act
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. of auditors
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: registrable superannuation entities
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: regulated superannuation funds, approved deposit funds and RSAs
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: information for RSAs
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: additional information for superannuation entities and RSA providers
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: additional information for margin lending facilities
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: superannuation
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: fund information for regulated superannuation funds and approved deposit funds
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: fund information for pooled superannuation trusts
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: members
7.9.45. Regulated superannuation funds, approved deposit funds and pooled superannuation trusts
7.9.46. RSAs
Subdivision 5.10--Information on request: payments
7.9.47. Modification of Act: charges for information requested
Subdivision 5.12--Periodic report when product holder ceases to hold product: superannuation products and RSAs
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 7.9 of the Act: offers to purchase securities in certain proprietary companies
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, 7.8 and 7.9 of the Act
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 7.11
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
Division 4--Providing key information in relation to notified foreign passport funds
Division 4--Financial reports and audit of CCIVs
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: Financial Transaction Reports Act 1988
10.2.116.Cash dealer
10.2.117.Exempt cash transaction
Division 23--Transitional matters under relevant old legislation: Income Tax Assessment Act 1936
10.2.118.Offshore banking units
Division 24--Transitional matters under relevant old legislation: Insurance Act 1973
10.2.119.Insurers carrying on class of insurance business
Division 24A--Transitional matters under relevant old legislation: Insurance (Agents and Brokers) Act 1984
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: Marine Insurance Act 1909
10.2.120.Marine policy effected through broker
Division 25A--Transitional matters under relevant old legislation: Retirement Savings Accounts Regulations 1997
10.2.120A.Continuation of RSA Regulations during transition period
Division 25B--Transitional matters under relevant old legislation: Superannuation Industry (Supervision) Regulations 1994
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 THEFINANCIAL 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
PART 10.51----APPLICATION PROVISIONS RELATING TO THE TREASURY LAWS AMENDMENT (PRECONTRACTUAL DISCLOSURE AND OTHER MEASURES) REGULATIONS 2023
10.51.01.Application--decisions approving or refusing to approve domestic qualifications
PART 10.52----APPLICATION PROVISIONS RELATING TO THE TREASURY LAWS AMENDMENT (DELIVERING BETTER FINANCIAL OUTCOMES) REGULATIONS 2024
10.52.01.Application--compliance records for fee disclosure statements
10.52.02.Application--contraventions relating to ongoing fee arrangements
10.52.03.Application--contraventions relating to website disclosure information
10.52.04.Application--repeal of benefits for employees of ADIs
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
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 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)
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback