Commonwealth Numbered Acts

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AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION ACT 2001 - SECT 40

When certain powers may be exercised

A power conferred by section 41 or 44 may only be exercised:

(a)
for the purposes of the performance or exercise of any of ASIC's functions and powers under the corporations legislation (other than the excluded provisions); or

(b)
for the purposes of ensuring compliance with the corporations legislation (other than the excluded provisions); or

(c)
in relation to:

(i)
an alleged or suspected contravention of the corporations legislation (other than the excluded provisions); or
(ii)
an alleged or suspected contravention of a law of the Commonwealth, or of a State or Territory in this jurisdiction, being a contravention that concerns the management or affairs of a body corporate, or involves fraud or dishonesty and relates to a body corporate, securities or futures contracts; or
(d)
for the purposes of an investigation under Division 1.



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