(1) ASIC may decide to deregister a registered scheme if:
- (a)
- the scheme
does not have a responsible entity that meets the requirements of
section 601FA; or
- (b)
- the scheme does not have a constitution that meets the requirements of
sections 601GA and 601GB; or
- (c)
- the scheme does not have a compliance plan that meets the requirements of
section 601HA; or
- (d)
- the scheme's property is not being:
- (i)
- clearly identified as the scheme's property; and
- (ii)
- held separately from property of the responsible entity and property of
any other scheme;
in accordance with the scheme's compliance plan; or
- (e)
- the following conditions are satisfied:
- (i)
- the annual return for the scheme is at least 6 months late; and
- (ii)
- no other documents have been lodged by or on behalf of the scheme in the
last 18 months; and
- (iii)
- ASIC has no reason to believe that the scheme is being operated; or
- (f)
- the scheme has been wound up.
Deregistration procedure
(2) If ASIC decides to deregister a scheme under
this section, it must give notice of the proposed deregistration:
- (a)
- to the
scheme's responsible entity; and
- (b)
- to any other person who is winding up the scheme; and
- (c)
- on the national database; and
- (d)
- in the Gazette .
If the notice is given under paragraph (1)(a), (b), (c) or (d), the
notice must specify the period at the end of which ASIC proposes to deregister
the scheme.
(3) ASIC may deregister the scheme:
- (a)
- if paragraph (1)(a), (b), (c)
or (d) applies—at the end of the period set out in the Gazette notice; or
- (b)
- if paragraph (1)(e) or (f) applies—when 2 months have passed
since the Gazette notice.
(4) ASIC does not have to give a person notice under subsection (2) if
ASIC does not have the necessary information about the person's address.
(5) ASIC must give notice of the deregistration to everyone who was notified
of the proposed deregistration under paragraph (2)(a) or (b).
Commonwealth Numbered Acts