Commonwealth Consolidated Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

CORPORATIONS REGULATIONS 2001 - REG 8B.5.20

Holding money and property of a CCIV separately--exception and other requirements for certain classes of assets

  (1)   For the purposes of subsections   1234K(1) and (2) of the Act, subsections   1234J(1) to (3) of the Act do not apply in relation to the class of assets of a sub - fund of a CCIV that consists of assets that:

  (a)   are of any of the following kinds (the prescribed assets ):

  (i)   Australian or foreign currency;

  (ii)   rights to Australian or foreign currency that is held in a deposit - taking facility made available by an ADI (within the meaning of the Banking Act 1959 );

  (iii)   rights to Australian or foreign currency that is held in a deposit - taking facility made available by a body corporate that is authorised to carry on a banking business (within the meaning of that Act) in a foreign country;

  (iv)   securities;

  (v)   derivatives; and

  (b)   are held in accordance with the requirements mentioned in subregulation (2).

  (2)   For the purposes of subregulation (1), the following requirements apply in relation to the holding, by a person, of assets of a sub - fund of a CCIV that are prescribed assets:

  (a)   a requirement that the person holds the prescribed assets separately from any money or property of the person;

  (b)   a requirement that there are adequate safeguards in place for the protection of the prescribed assets, including if the assets of another sub - fund of the CCIV or the assets of another entity are subject to external administration;

  (c)   a requirement that the person do all things necessary to ensure that not holding the prescribed assets in accordance with subsections   1234J(1) to (3) of the Act does not restrict the CCIV's capacity to exercise any rights in respect of the prescribed assets;

  (d)   a requirement that the person do all things necessary to ensure that a reconciliation of the prescribed assets occurs:

  (i)   each business day; or

  (ii)   if it is ordinary and reasonable, in commercial practice, to reconcile assets of the same class less frequently--as frequently as reconciliation of assets of that class would occur in accordance with that practice ;

  (e)   if there is a discrepancy in the reconciliation of the prescribed assets--a requirement that the person do all things necessary to rectify the discrepancy within the period of 2 business days starting after the day the person identifies, or becomes aware of, the discrepancy;

  (f)   a requirement that the person:

  (i)   keep adequate records of the prescribed assets; and

  (ii)   provide reasonable assistance to the corporate director of the CCIV.

Note:   For the purposes of paragraph   (e), one of the ways a discrepancy may be rectified is through the provision of additional property by the CCIV at the request of the person holding the property.

 

Commonwealth Coat of Arms of Australia

Corporations Regulations   2001

Statutory Rules   No.   193, 2001

made under the

Corporations Act 2001

Compilation No.   195

Compilation date:   1 March 2024

Includes amendments:   F2024L00199

Registered:   6 March 2024

This compilation is in 7 volumes

Volume 1:   regulations   1.0.01- 6D.5.03

Volume 2:   regulations   7.1.04- 7.6.08E

Volume 3:   regulations   7.7.01- 8B.5.20

Volume 4:   regulations   9.1.01- 12.9.03

Volume 5:   Schedules   1, 2 and 2A

Volume 6:   Schedules   3-13

Volume 7:   Endnotes

Each volume has its own contents

About this compilation

This compilation

This is a compilation of the Corporations Regulations 2001 that shows the text of the law as amended and in force on 1 March 2024 (the compilation date ).

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

Uncommenced amendments

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

Application, saving and transitional provisions for provisions and amendments

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

Editorial changes

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

Modifications

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

Self - repealing provisions

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

 

 

 

Contents

Chapter   9--Miscellaneous

Part   9.1--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 the Financial Sector Reform (Hayne Royal Commission Response--Breach Reporting and Remediation) Regulations   2021

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

Part   10.42--Application provisions relating to the Financial Sector Reform (Hayne Royal Commission Response) (2021 Measures No. 1) Regulations   2021

10.42.01   Application of claims handling and settling services reforms

Part   10.43--Application provisions relating to simplified liquidation process under the Corporations Amendment (Corporate Insolvency Reforms) Regulations   2020

10.43.01   Application of amendments relating to the simplified liquidation process

Part   10.45--Application provisions relating to the Corporations Amendment (Statutory Minimum) Regulations   2021

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

Part   10.47--Application provisions relating to the Corporations Amendment (Litigation Funding) Regulations   2021

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

Part   10.48--Application provisions relating to the Corporations Amendment (Litigation Funding) Regulations   2022

10.48.01   Application of amendments relating to litigation funding

Part   10.49--Application provisions relating to Schedule   1 to the Treasury Laws Amendment (Modernising Business Communications and Other Measures) Regulations   2022

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

Part   10.50--Application provisions relating to the Treasury Laws Amendment (Financial Reporting and Auditing of Registrable Superannuation Entities) Regulations   2023

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

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

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

 


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback