Commonwealth Numbered Acts

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AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION ACT 2001 - SECT 16

Interim report on investigation

(1) Where, in the course of an investigation under this Division, ASIC forms the opinion that:

(a)
a serious contravention of a law of the Commonwealth, or of a State or Territory in this jurisdiction, has been committed; or

(b)
to prepare an interim report about the investigation would enable or assist the protection, preservation or prompt recovery of property; or

(c)
there is an urgent need for the corporations legislation (other than the excluded provisions) to be amended;

it must prepare an interim report that relates to the investigation and sets out:

(d)
if paragraph (a) applies—its findings about the contravention, and the evidence and other material on which those findings are based; or

(e)
if paragraph (b) applies—such matters as, in its opinion, will so enable or assist; or

(f)
if paragraph (c) applies—its opinion about amendment of that legislation, and its reasons for that opinion;

and such other matters relating to, or arising out of, the investigation as it thinks fit.

(2) ASIC may prepare an interim report about an investigation under this Division and must do so if the Minister so directs. (3) A report under subsection (2) must set out such matters relating to, or arising out of, the investigation as ASIC thinks fit or the Minister directs.


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