Australian Securities and Investments Commission Regulations 2001

Statutory Rules No. 192, 2001

made under the

Australian Securities and Investments Commission Act 2001 and the Corporations Act 2001

Compilation No. 31

Compilation date:   25 May 2017

Includes amendments up to: F2017L00595

Registered:    29 May 2017

 

About this compilation

This compilation

This is a compilation of the Australian Securities and Investments Commission Regulations 2001 that shows the text of the law as amended and in force on 25 May 2017 (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 Legislation 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 series page on the Legislation 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 series page on the Legislation Register for the compiled law.

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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

Part 1—Preliminary

1 Name of Regulations

2 Definitions

2A Territorial application of Act

2AC Professional accounting bodies

2B Financial products: credit facility

2BA Declared financial product

2BB Specific things that are not financial products—Australian carbon credit units and eligible international emissions units

2BC Specific things that are not financial products—certain tradeable water rights

2C Meaning of financial service—offmarket offers for financial products

2D Circumstances in which a person is taken to be provided a traditional trustee company service

2E Prescribed requirements for definition of assert a right to payment

2F Prescribed requirements for warning statements

Part 2—General

3A Professional standards schemes

3 Prescribed agencies (Act s 18(2)(d))

4 Form of notice requiring assistance and appearance for examination

5 Notice to produce books

6 Evidence of authority

7 Summons to witnesses to appear before Commission

8 Allowances and expenses payable to examinees and witnesses

8AA Prescribed professional disciplinary and other bodies

8A Commission may disclose confidential information to certain bodies corporate

8AAA Annual reports

8B Prescribed body

11 Summons to witnesses to appear before Disciplinary Board

12 Allowances and expenses payable for attendance at hearings of Disciplinary Board

Part 3—Panel Procedures

Division 1—Preliminary

13 Objects of this Part

14 Application of this Part

15 Definitions for Part 3

16 Powers of Panel

Division 2—Applications

18 Reference of matters to the Commission by the Panel

19 Making of applications

20 Consideration of applications

Division 3—Decisions to conduct proceedings

21 Notice of decision

22 Decision to hold inquiry

Division 4—Submissions

23 Expressions of interest by nonparties

24 Panel may accept submissions from persons expressing interest

25 Submissions

26 Disregard of certain submissions

27 Abuse of Panel procedures to be noted

28 Lodgment and distribution of submissions

30 Panel may invite further submissions

34 Submissions that are not lodged in time

Division 5—Conferences

35 Purpose of conferences

37 Conduct of conferences

38 Procedures at conferences

39 Addresses to the Panel at conferences

40 Witnesses

41 Misbehaviour at conferences

Division 6—Other matters

42 Summons to witnesses by the Panel

43 Allowances and expenses payable for attendances

Part 5—Clearing and settlement facilities

45 Meaning of clearing and settlement facility

46 Conduct that does not constitute operating a clearing and settlement facility

47 Financial transaction reports

Schedule 1—Forms

Form 1—Notice requiring appearance at an examination or reasonable assistance in connection with an investigation

Australian Securities and Investment Commission Regulations 2001

Australian Securities and Investments Commission

Form 2—Notice requiring the production of books

Australian Securities and Investment Commission Regulations 2001

Australian Securities and Investments Commission

Form 3—Summons to witness

Australian Securities and Investment Commission Regulations 2001

Australian Securities and Investments Commission

Schedule 2—Witnesses fees and allowances for expenses

Schedule 3—Bodies corporate to which information may be disclosed

Part 1—Australian bodies corporate

Part 2—Foreign bodies corporate

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Note about numbering

These Regulations are made under the Australian Securities and Investments Commission Act 2001. To assist users of these Regulations, the structure and numbering of these Regulations follow, as far as possible, the pattern of the Australian Securities and Investments Commission Regulations 1990 that were made under the Australian Securities and Investments Commission Act 1989. Some gaps in the numbering of these Regulations appear because there were gaps in the numbering of the Australian Securities and Investments Commission Regulations 1990. In addition, a commencement provision that was not in the Australian Securities and Investments Commission Regulations 1990 is included in these Regulations.

Part 1Preliminary

 

1  Name of Regulations

  These Regulations are the Australian Securities and Investments Commission Regulations 2001.

2  Definitions

  In these Regulations, unless the contrary intention appears:

Act means the Australian Securities and Investments Commission Act 2001.

Australian carbon credit unit has the same meaning as in the Carbon Credits (Carbon Farming Initiative) Act 2011.

carbon unit has the same meaning as in the Clean Energy Act 2011.

eligible international emissions unit has the same meaning as in the Australian National Registry of Emissions Units Act 2011.

Form means a form set out in Schedule 1.

2A  Territorial application of Act

 (1) For subsection 4(2) of the Act, the Act applies in each external Territory in accordance with this regulation.

 (2) For the Territory of Christmas Island and the Territory of Cocos (Keeling) Islands:

 (a) Division 2 of Part 2 of the Act applies in relation to:

 (i) a financial product; and

 (ii) a financial service; and

 (b) the remainder of the Act applies in relation to:

 (i) a superannuation product within the meaning of section 761A of the Corporations Act; and

 (ii) an RSA product within the meaning of section 761A of the Corporations Act; and

 (iii) a financial service that relates to a superannuation product within the meaning of section 761A of the Corporations Act; and

 (iv) a financial service that relates to an RSA product within the meaning of section 761A of the Corporations Act.

 (3) For an external Territory other than the Territory of Christmas Island and the Territory of Cocos (Keeling) Islands, the Act applies in relation to:

 (a) a superannuation product within the meaning of section 761A of the Corporations Act; and

 (b) an RSA product within the meaning of section 761A of the Corporations Act; and

 (c) a financial service that relates to a superannuation product within the meaning of section 761A of the Corporations Act; and

 (d) a financial service that relates to an RSA product within the meaning of section 761A of the Corporations Act.

2AC  Professional accounting bodies

  For the definition of professional accounting body in subsection 5(1) of the Act, the following bodies are prescribed:

 (a) CPA Australia;

 (b) The Institute of Chartered Accountants in Australia;

 (c) Institute of Public Accountants.

2B  Financial products: credit facility

 (1) For paragraph 12BAA(7)(k) of the Act, each of the following is a credit facility:

 (a) the provision of credit:

 (i) for any period; and

 (ii) with or without prior agreement between the credit provider and the debtor; and

 (iii) whether or not both credit and debit facilities are available;

 (b) a facility:

 (i) known as a bill facility; and

 (ii) under which a credit provider provides credit by accepting, drawing, discounting or indorsing a bill of exchange or promissory note;

 (c) the provision of credit by a pawnbroker in the ordinary course of a pawnbroker’s business (being a business which is being lawfully conducted by the pawnbroker);

 (d) the provision of credit by the trustee of the estate of a deceased person by way of an advance to a beneficiary or prospective beneficiary of the estate;

 (e) the provision of credit by an employer, or a related body corporate of an employer, to an employee or former employee (whether or not it is provided to the employee or former employee with another person);

 (f) the provision of a mortgage that secures obligations under a credit contract (other than a lien or charge arising by operation of any law or by custom);

 (g) a guarantee related to a mortgage mentioned in paragraph (f);

 (h) a guarantee of obligations under a credit contract;

 (i) a facility for making noncash payments (within the meaning of section 763D of the Corporations Act) if payments made using the facility will all be debited to a facility mentioned in paragraphs (a) to (h).

 (2) The provision of consumer credit insurance that includes a contract of general insurance for the Insurance Contracts Act 1984 is not a credit facility.

 (3) In this regulation:

credit means a contract, arrangement or understanding:

 (a) under which:

 (i) payment of a debt owed by one person (a debtor) to another person (a credit provider) is deferred; or

 (ii) one person (a debtor) incurs a deferred debt to another person (a credit provider); and

 (b) including any of the following:

 (i) any form of financial accommodation;

 (ii) a hire purchase agreement;

 (iii) credit provided for the purchase of goods or services;

 (iv) a contract, arrangement or understanding for the hire, lease or rental of goods or services, other than a contract, arrangement or understanding under which:

 (A) full payment is made before or when the goods or services are provided; and

 (B) for the hire, lease or rental of goodsan amount at least equal to the value of the goods is paid as a deposit in relation to the return of the goods;

 (v) an article known as a credit card or charge card;

 (vi) an article, other than a credit card or a charge card, intended to be used to obtain cash, goods or services;

 (vii) an article, other than a credit card or a charge card, commonly issued to customers or prospective customers by persons who carry on business for the purpose of obtaining goods or services from those persons by way of a loan;

 (viii) a liability in respect of redeemable preference shares;

 (ix) a financial benefit arising from or as a result of a loan;

 (x) assistance in obtaining a financial benefit arising from or as a result of a loan;

 (xi) issuing, indorsing or otherwise dealing in a promissory note;

 (xii) drawing, accepting, indorsing or otherwise dealing in a negotiable instrument (including a bill of exchange);

 (xiii) granting or taking a lease over real or personal property;

 (xiv) a letter of credit.

2BA  Declared financial product

  For paragraph 12BAA(7)(m) of the Act, a margin lending facility (within the meaning given by section 761EA of the Corporations Act) is declared to be a financial product for the purposes of subsection 12BAA(7) of the Act.

2BB  Specific things that are not financial products—Australian carbon credit units and eligible international emissions units

 (1) For paragraph 12BAA(8)(p) of the Act:

 (a) an Australian carbon credit unit is not a financial product; and

 (b) an eligible international emissions unit is not a financial product.

 (2) On 1 July 2012:

 (a) subregulation (1) ceases to apply; and

 (b) Australian carbon credit units and eligible international emissions units become financial products.

2BC  Specific things that are not financial products—certain tradeable water rights

 (1) For paragraph 12BAA(8)(p) of the Act, each of the following is not a financial product:

 (a) tradeable water rights;

 (b) an arrangement:

 (i) under which a person (the seller) has, or may have, an obligation to sell tradeable water rights at a future date; and

 (ii) under which another person (the buyer) has, or may have, an obligation to buy the tradeable water rights, or replacement water rights, at a future date; and

 (iii) that does not permit the seller’s obligations to be wholly settled by cash, or by setoff between the seller and the buyer, rather than by transfer of ownership of the tradeable water rights or replacement water rights; and

 (iv) in relation to which neither usual market practice, nor the rules, allow the seller’s obligations to be closed out by matching up the arrangement with another arrangement of the same kind under which the seller has offsetting obligations to buy the tradeable water rights or replacement water rights.

 (2) In subregulation (1):

replacement water rights means tradeable water rights that are granted, issued or authorised as a replacement for the seller’s tradeable water rights, including as a result of transformation arrangements mentioned in subsection 97(1) of the Water Act 2007.

rules means the rules of:

 (a) a licensed market (as defined in section 761A of the Corporations Act); or

 (b) a licensed CS facility (as defined in section 761A of the Corporations Act).

tradeable water rights has the same meaning as in the Water Act 2007.

2C  Meaning of financial serviceoffmarket offers for financial products

  For paragraph 12BAB(1)(h) of the Act, a person provides a financial service if:

 (a) the person makes an unsolicited offer to purchase a financial product from another person otherwise than through a licensed financial market; and

 (b) the other person acquired the financial product as a retail client.

2D  Circumstances in which a person is taken to be provided a traditional trustee company service

  For subsection 12BAB(1B) of the Act, a person who is one of the following:

 (a) a person who may request an annual information return under subregulation 5D.2.01(3) of the Corporations Regulations 2001;

 (b) a person who requests the preparation of a will, a trust instrument, a power of attorney or an agency arrangement;

is, in relation to an estate management function, prescribed as the person to whom the service is taken to be provided for the purpose of Division 2 of Part 2 of the Act.

2E  Prescribed requirements for definition of assert a right to payment

  For paragraph 12BEA(1)(e) of the Act, the following requirements are prescribed:

 (a) the statement must include the text ‘This is not a bill. You are not required to pay any money.’;

 (b) the text must be the most prominent text in the document.

2F  Prescribed requirements for warning statements

  For paragraphs 12DM(1AA)(b) and 12DMB(2)(b) of the Act, the following requirements are prescribed:

 (a) the warning statement must include the text ‘This is not a bill. You are not required to pay any money.’; and

 (b) the text must be the most prominent text in the document.

Part 2General

 

3A  Professional standards schemes

  For subsection 12GNA(2) of the Act, a scheme and any modifications to the scheme set out in the following table are prescribed.

Note: Column 2 of the table below is included for information only.

 

Prescribed professional standards schemes

Item

Column 1
Scheme

Column 2
Date prescribed

1

The CPA Australia Limited Professional Standards Scheme, published in the New South Wales Government Gazette No. 124, 4 October 2013, including as modified by:

(a) the amendments made by instrument published in the New South Wales Government Gazette No. 13, 31 January 2014; and

(b) the amendments made by instrument published in the New South Wales Government Gazette No. 116, 5 December 2014; and

(c) the extension published in the New South Wales Government Gazette No. 50, 17 June 2016

The scheme, and the amendments mentioned in paragraphs (a) and (b)—19 June 2015

The extension mentioned in paragraph (c)—the day the Treasury Laws Amendment (Professional Standards Schemes) Regulations 2017 commence

2

Chartered Accountants Australia and New Zealand Professional Standards Scheme (NSW), including as modified by amendments published in the New South Wales Government Gazette No. 72, 28 August 2015

Note: This Scheme was formerly the Institute of Chartered Accountants in Australia Professional Standards Scheme (NSW) published in the New South Wales Government Gazette No. 70, 22 August 2014.

The scheme—1 December 2014

The amendments—27 February 2016

3

The Law Society of New South Wales Scheme, published in the New South Wales Government Gazette No. 78, 27 July 2012

1 March 2013

4

The New South Wales Bar Association Scheme, published in the New South Wales Government Gazette No. 17, 5 March 2015

13 August 2015

5

Chartered Accountants Australia and New Zealand Professional Standards Scheme (Victoria), including as modified by amendments published in the Victoria Government Gazette No. S 246, 28 August 2015

Note: This Scheme was formerly the Institute of Chartered Accountants in Australia Professional Standards Scheme (Victoria) published in the Victoria Government Gazette No. S 264, 5 August 2014.

The scheme—1 December 2014

The amendments—27 February 2016

6

The Law Institute of Victoria Limited Scheme, published in the Victoria Government Gazette No. G 16, 21 April 2016

Note: This Scheme was formerly the Law Institute of Victoria Limited Scheme, published in the Victoria Government Gazette No. G 10, 11 March 2010.

The day the Treasury Laws Amendment (Professional Standards Schemes) Regulations 2017 commence

7

The Victorian Bar Professional Standards Scheme, published in the Victoria Government Gazette No. S 134, 24 April 2014

14 June 2014

8

The Bar Association of Queensland Scheme, published in the Queensland Government Gazette No. 40, 24 June 2013

15 March 2014

9

Chartered Accountants Australia and New Zealand Professional Standards Scheme (Queensland), including as modified by amendments notified by the Queensland Government on 11 December 2015

Note: This Scheme was formerly the Institute of Chartered Accountants in Australia Professional Standards Scheme (Queensland) notified by the Queensland Government on 29 August 2014.

The scheme—1 December 2014

The amendments—27 February 2016

10

The Queensland Law Society Professional Standards Scheme, approved as described in the Professional Standards (Queensland Law Society Professional Standards Scheme) Notice 2016 (Qld), 30 June 2016

Note: This Scheme was formerly the Queensland Law Society Scheme, published in the Queensland Government Gazette No. 64, 25 June 2010.

The day the Treasury Laws Amendment (Professional Standards Schemes) Regulations 2017 commence

11

Chartered Accountants Australia and New Zealand Professional Standards Scheme (WA), including as modified by amendments published in the Western Australian Government Gazette No. 135, 1 September 2015

Note: This Scheme was formerly the Institute of Chartered Accountants in Australia Professional Standards Scheme (WA) published in the Western Australian Government Gazette No. 122, 8 August 2014.

The scheme—1 December 2014

The amendments—27 February 2016

12

The Law Society of Western Australia Scheme, published in the Western Australian Government Gazette No. 54, 11 April 2014

14 June 2014

13

The Western Australian Bar Association Scheme, published in the Western Australian Government Gazette No. 57, 17 April 2014

14 June 2014

14

Chartered Accountants Australia and New Zealand Professional Standards Scheme (SA), including as modified by amendments published in the South Australian Government Gazette No. 59, 22 October 2015

Note: This Scheme was formerly the Institute of Chartered Accountants in Australia Professional Standards Scheme (SA) published in the South Australian Government Gazette No. 63, 21 August 2014.

The scheme—1 December 2014

The amendments—27 February 2016

15

The Law Society of South Australia Professional Standards Scheme, published in the South Australian Government Gazette No. 76, 3 November 2011, including as modified by the extension published in the South Australian Government Gazette No. 41, 14 July 2016

The scheme—1 March 2013

The extension—the day the Treasury Laws Amendment (Professional Standards Schemes) Regulations 2017 commence

16

The South Australian Bar Association Inc Scheme, published in the South Australian Government Gazette No. 76, 3 November 2011, including as modified by the extension published in the South Australian Government Gazette No. 77, 1 December 2016

The scheme—1 March 2013

The extension—the day the Treasury Laws Amendment (Professional Standards Schemes) Regulations 2017 commence

17

Chartered Accountants Australia and New Zealand Professional Standards Scheme (ACT), including as modified by amendments notified by the ACT Government on 25 August 2015

Note: This Scheme was formerly the Institute of Chartered Accountants in Australia Professional Standards Scheme (ACT) approved on 14 July 2014.

The scheme—1 December 2014

The amendments—27 February 2016

18

Chartered Accountants Australia and New Zealand Professional Standards Scheme (NT), including as modified by amendments published in the Northern Territory Government Gazette No. S109, 30 November 2015

Note: This Scheme was formerly the Institute of Chartered Accountants in Australia Professional Standards Scheme (NT) published in the Northern Territory Government Gazette No. S84, 17 September 2014.

The scheme—1 December 2014

The amendments—27 February 2016

3  Prescribed agencies (Act s 18(2)(d))

  For paragraph 18(2)(d) of the Act, each of the following agencies is prescribed:

 (a) the Clean Energy Regulator;

 (aa) the Australian Competition and Consumer Commission;

 (b) the Australian Prudential Regulation Authority;

 (c) the Australian Taxation Office;

 (d) the Australian Transaction Reports and Analysis Centre;

 (e) an authority of a State or Territory having functions and powers similar to those of the Director of Public Prosecutions;

 (f) the police force or service of each State and the Northern Territory;

 (g) the Department of Fair Trading of New South Wales;

 (h) the Office of Fair Trading and Business Affairs of Victoria;

 (i) the Office of Consumer Affairs of Queensland;

 (j) the Department of Consumer and Employment Protection of Western Australia;

 (k) the Office of Consumer and Business Affairs of South Australia;

 (l) the Office of Consumer Affairs and Fair Trading of Tasmania;

 (m) the Consumer Affairs Bureau of the Australian Capital Territory;

 (n) the Fair Trading Group of the Northern Territory.

4  Form of notice requiring assistance and appearance for examination

  For subsection 19(2) of the Act, Form 1 is prescribed.

5  Notice to produce books

  A notice under section 30, subsection 31(1) or section 32A or 33 of the Act to produce books must be in accordance with Form 2.

6  Evidence of authority

  If:

 (a) a member or staff member produces a document issued by the Commission; and

 (b) the document states that the person is authorised by the Commission under section 34 of the Act;

the document is evidence of:

 (c) the authority of the person to require other persons to produce books under subsection 34(2) of the Act; and

 (d) any limitation on that authority that is specified in the document under that subsection.

7  Summons to witnesses to appear before Commission

  For subsection 58(1) of the Act, Form 3 is prescribed.

8  Allowances and expenses payable to examinees and witnesses

  For subsections 89(1) and (2) of the Act, a person who appears:

 (a) for examination under section 19 of the Act; or

 (b) in accordance with a summons issued under section 58 of the Act;

is entitled to be paid allowances and expenses in accordance with Schedule 2.

8AA  Prescribed professional disciplinary and other bodies

 (1) For the purposes of subparagraph 127(4)(d)(i) of the Act, the following professional disciplinary bodies are prescribed:

 (a) the Australian Restructuring Insolvency and Turnaround Association;

 (b) CPA Australia;

 (c) Chartered Accountants Australia and New Zealand;

 (d) the Institute of Public Accountants;

 (e) the New South Wales Bar Association;

 (f) the Law Society of New South Wales;

 (g) the Victorian Legal Services Commissioner;

 (h) the Victorian Legal Services Board;

 (i) the Bar Association of Queensland;

 (j) the Queensland Law Society;

 (k) the Legal Practice Board of Western Australia;

 (l) the Law Society of South Australia;

 (m) the Legal Profession Conduct Commissioner of South Australia;

 (n) the Law Society of Tasmania;

 (o) the Law Society of the Australian Capital Territory;

 (p) the Law Society Northern Territory.

 (2) For the purposes of subparagraph 127(4)(d)(ii) of the Act, the Australian Restructuring Insolvency and Turnaround Association is prescribed in relation to performing a disciplinary function in relation to a member of the Association.

8A  Commission may disclose confidential information to certain bodies corporate

  The bodies corporate listed in Schedule 3 are specified for subsection 127(4C) of the Act.

8AAA  Annual reports

 (1) For subsection 136(2A) of the Act, a report under subsection 136(1) of the Act for a financial year (the report year) must include the following information:

 (a) the number of times in the report year that ASIC used an information gathering power prescribed in subregulation (2) (a prescribed power);

 (b) for a particular use of a prescribed power in the report year—the provision of the Act, or another law, which conferred the prescribed power;

 (c) the number of times in the financial year before the report year that ASIC used an information gathering power that was a prescribed power for this regulation at the time the power was used.

 (2) For subsection 136(2A) of the Act, each information gathering power set out in a provision of an Act mentioned in the following table is prescribed.

 

Information gathering powers

Item

Provisions in which powers appear

General description of provision (for information only)

1

Subsection 12GY(2) of the Act

Powers relating to substantiation of a claim

2

Section 19 of the Act

Powers relating to requiring a person to attend for examination

3

Section 30 of the Act

Powers relating to the production of books

4

Section 30A of the Act

Powers relating to requesting information

4A

Section 30B of the Act

Powers relating to requesting information and books

5

Section 31 of the Act

Powers relating to the production of books

6

Section 32A of the Act

Powers relating to the production of books

7

Section 33 of the Act

Powers relating to the production of books

8

Subsection 49(3) of the Act

Powers relating to requiring a person to give assistance

9

Section 58 of the Act

Powers relating to:

(a) summonsing a witness; and

(b) taking evidence

10

Section 601FF of the Corporations Act 2001

Powers relating to conducting surveillance on, or monitoring, a managed investment scheme

11

Section 601HD of the Corporations Act 2001

Powers relating to a request for information

12

Section 672A of the Corporations Act 2001

Powers relating to requiring the disclosure of interests

13

Section 672B of the Corporations Act 2001

Powers relating to requiring the disclosure of interests

14

Section 792D of the Corporations Act 2001

Powers relating to requiring a person to give assistance

15

Section 912C of the Corporations Act 2001

Powers relating to requiring a person to give assistance

16

Section 912E of the Corporations Act 2001

Powers relating to:

(a) requiring a person to give assistance; and

(b) requiring the disclosure of documents and information

17

Section 1317R of the Corporations Act 2001

Powers relating to requiring a person to give assistance

18

Section 3E of the Crimes Act 1914

Powers relating to search warrants

19

Subsection 10(2) of the Mutual Assistance in Business Regulation Act 1992

Powers relating to:

(a) requiring a person to give information; and

(b) requiring a person to give documents; and

 

 

(c) requiring a person to attend to give evidence and produce documents

20

Subsection 37(4) of the National Consumer Credit Protection Act 2009

Powers relating to requesting information

21

Subsection 49(1) of the National Consumer Credit Protection Act 2009

Powers relating to requesting information

22

Section 51 of the National Consumer Credit Protection Act 2009

Powers relating to requiring a person to give assistance

23

Section 253 of the National Consumer Credit Protection Act 2009

Powers relating to requiring a person to give assistance

24

Section 266 of the National Consumer Credit Protection Act 2009

Powers relating to the production of books

25

Section 267 of the National Consumer Credit Protection Act 2009

Powers relating to the production of books

26

Item 17 of Schedule 2 to the National Consumer Credit Protection Act 2009

Powers relating to requesting information

8B  Prescribed body

  For subparagraph 203(1B)(b)(ii) of the Act, the Insolvency Practitioners Association of Australia is prescribed.

11  Summons to witnesses to appear before Disciplinary Board

  If a person is summoned under subsection 217(1) of the Act, the summons must be in accordance with Form 3.

12  Allowances and expenses payable for attendance at hearings of Disciplinary Board

  For subsection 218(4) of the Act, a person who attends at a hearing in accordance with a summons issued under subsection 217(1) of the Act is entitled to be paid allowances and expenses in accordance with Schedule 2.

Part 3Panel Procedures

Division 1Preliminary

13  Objects of this Part

  The objects of this Part are to ensure that Panel proceedings are:

 (a) as fair and reasonable; and

 (b) conducted with as little formality; and

 (c) conducted in as timely manner;

as the requirements of this Part and the corporations legislation (other than the excluded provisions), and a proper consideration of the matters before the Panel, permit.

14  Application of this Part

  This Part applies to Panel proceedings in addition to the requirements of the corporations legislation (other than the excluded provisions) that applies to the proceedings.

15  Definitions for Part 3

  In this Part:

application means an application under section 656A, 657C or 657EA of the Corporations Act 2001.

brief, in relation to Panel proceedings, means the brief for the proceedings that is mentioned in paragraph 20(b).

business day, in relation to a place, means any day except:

 (a) a Saturday or a Sunday; or

 (b) a day that is a public holiday or an Australian Public Service holiday in that place.

party means a party to Panel proceedings.

submission means a submission lodged with the Panel under a provision of this Part.

16  Powers of Panel

 (1) In addition to any other provision of this Part, the Panel may:

 (a) direct that 2 or more related matters are to be considered in Panel proceedings; and

 (b) identify the issues to be considered by the Panel in its proceedings; and

 (c) give directions to a person about:

 (i) the manner in which a matter may be presented, either orally or in writing, to the Panel; and

 (ii) the duration of the time in which the person may address the Panel or give evidence in Panel proceedings; and

 (d) give directions to parties to lodge with the Panel specified documents relating to Panel proceedings; and

 (e) give directions to persons about the time at or before which documents must be lodged with the Panel; and

 (f) extend the time at or before which documents must be lodged with the Panel; and

 (g) invite a person who is not a party to make a submission in relation to Panel proceedings; and

 (h) permit a person to amend or withdraw information or evidence given to, or a document lodged with, the Panel for the purposes of Panel proceedings; and

 (i) direct that Panel proceedings be suspended for a period determined by the Panel; and

 (j) direct that Panel proceedings be deferred until a day determined by the Panel.

 (2) In the performance of its functions and the exercise of its powers in relation to Panel proceedings, the Panel:

 (a) is not bound by the rules of evidence; and

 (b) must consider all relevant information contained in:

 (i) a submission that is lodged with the Panel; and

 (ii) other evidence that is given to the Panel; and

 (c) must act:

 (i) as fairly and reasonably; and

 (ii) with as little formality; and

 (iii) having regard to the time available before the decision must be made, in as timely a manner;

  as the requirements of this Part, and the corporations legislation (other than the excluded provisions), and a proper consideration of the matters before the Panel permit.

Division 2Applications

18  Reference of matters to the Commission by the Panel

 (1) The Panel may refer a matter to the Commission for the Commission to consider with a view to making an application.

 (2) If the Panel refers a matter to the Commission, the reference must be made:

 (a) in writing; and

 (b) in sufficient detail to allow the Commission to make a decision about the matter.

19  Making of applications

  An application to the Panel must be in the form approved by the Panel.

20  Consideration of applications

  As soon as practicable after receiving an application, the Panel must:

 (a) decide whether to conduct proceedings in relation to the application; and

 (b) if the Panel decides to conduct proceedingsprepare a brief setting out:

 (i) a general description of the matters to be examined in the Panel proceedings; and

 (ii) the issues to be addressed in submissions for the proceedings.

Division 3Decisions to conduct proceedings

21  Notice of decision

 (1) If the Panel decides, under regulation 20, to conduct proceedings, the Panel must, as soon as practicable after making the decision, notify the decision to:

 (a) the Commission; and

 (b) each company to which, or person to whom, the relevant application relates.

 (2) If the Panel decides, under regulation 20, not to conduct proceedings, the Panel must, as soon as practicable after making the decision:

 (a) notify the decision to the Commission; and

 (b) notify the decision to each company and person to whom the relevant application relates.

22  Decision to hold inquiry

 (1) If the Panel decides to conduct proceedings, it must, after receiving the application:

 (a) give a copy of the brief for the proceedings to:

 (i) the Commission; and

 (ii) to each company to which, or person to whom, the application relates; and

 (b) invite each body or person mentioned in paragraph (a) to lodge with the Panel a written submission addressing the issues identified in the brief.

 (2) If the Panel decides to conduct proceedings it may give written notice of the decision to any other body or person.

 (3) The Panel must:

 (a) give a copy of the brief to the body or person; and

 (b) invite the body or person to lodge with the Panel a written submission addressing the issues identified in the brief that are specified in the invitation.

Division 4Submissions

23  Expressions of interest by nonparties

 (1) The Panel may give notice to a person, or to the public at large, of a decision by the Panel to conduct proceedings.

 (2) A notice must include a description of the nature of the proceedings.

 (3) A notice may invite a person who is not a party to the proceedings to give, within a time allowed by the Panel, a written expression of interest in the proceedings:

 (a) stating the nature of the interest of the person in the proceedings; and

 (b) setting out the reasons why the Panel should consider a written submission of the person in relation to the proceedings.

 (4) The Panel may, by written notice to the person, vary the period mentioned in subregulation (3).

24  Panel may accept submissions from persons expressing interest

 (1) As soon as practicable after the Panel receives the expression of interest of a person, the Panel must acknowledge the receipt in writing.

 (2) If the Panel decides to consider the written submission of a person in the proceedings, the Panel must give to the person a copy of the brief for the proceedings.

 (3) The Panel must invite the person to lodge with the Panel a written submission addressing the issues identified in the brief.

 (4) If the Panel decides not to consider any written submission of the person in the proceedings, the Panel must inform the person of the decision and of the reasons for the decision.

25  Submissions

  A submission made by a person to proceedings of the Panel must:

 (a) be in the form approved by the Panel; and

 (b) if the Panel has given to the person a copy of the brief and invited the person to comment on an issue identified in the brief, address that issue.

26  Disregard of certain submissions

 (1) The Panel may disregard any matter in a submission that:

 (a) is not in accordance with regulation 25; or

 (b) is frivolous or vexatious.

 (2) The Panel must disregard any matter in a submission that is not relevant to the proceedings.

27  Abuse of Panel procedures to be noted

  If a matter in a written submission made to the Panel is frivolous or vexatious, the Panel must place on the submission a note stating:

 (a) that the Panel has disregarded the matter in accordance with paragraph 26(1)(b); and

 (b) the reasons why the Panel believes the matter to be frivolous or vexatious.

28  Lodgment and distribution of submissions

 (1) A submission for Panel proceedings must be lodged with the Panel within the time allowed by the Panel.

 (2) As soon as practicable after the Panel receives a submission, the Panel must give a copy of the submission to each party.

 (3) A party who receives a copy of a submission relating to an application (the first submission) may lodge with the Panel no more than 1 submission that:

 (a) rebuts a matter, or matters, in the first submission; and

 (b) does not include material that is not necessary to support the rebuttal.

 (5) A submission lodged with the Panel is taken not to include any additional material that is not lodged at the same time as the submission.

30  Panel may invite further submissions

 (1) At any time during Panel proceedings, the Panel may request a party to lodge with the Panel a submission that addresses a matter specified in the request.

 (2) The Panel may give a copy of the submission to each party.

 (3) The Panel may direct a party who receives a copy of a submission (the first submission) to lodge, at or before a time specified in writing by the Panel, with the Panel not more than 1 submission that:

 (a) rebuts a matter, or matters, in the first submission; and

 (b) does not include material that is not necessary to support the rebuttal.

34  Submissions that are not lodged in time

  If a person does not lodge a document with the Panel by the time of lodgment specified in this Part for the document, the Panel may continue with the proceedings without regard to the document.

Division 5Conferences

35  Purpose of conferences

 (1) The Panel may conduct a conference during Panel proceedings to:

 (a) clarify matters arising from documents in the possession of the Panel relating to the proceedings; or

 (b) resolve inconsistent statements:

 (i) in documents in the possession of the Panel relating to the proceedings; or

 (ii) made orally to the Panel; or

 (c) otherwise inform itself on matters relating to the proceedings.

 (2) For the purposes of these Regulations, a conference is taken to be part of Panel proceedings.

37  Conduct of conferences

 (1) The President may convene a conference.

 (2) The President:

 (a) must determine the place where, and the time when, a conference is to convene; and

 (b) must give written notice of that time and place to each party.

 (3) The President may permit a member of the Panel, a party to the proceedings or a person who may attend a conference to attend the conference by:

 (a) telephone; or

 (b) video conference; or

 (c) any other means of communication approved by the President.

 (4) A conference for which permission has been given under subregulation (3) may be held at 2 or more places at the same time.

 (5) A person mentioned in subregulation (3) who attends a conference in accordance with a permission under that subregulation is taken to be present at the place where, and the time when, the conference is convened, as determined by the President for paragraph (2)(a).

38  Procedures at conferences

 (1) As soon as practicable before a conference, the Panel must give to a person who may attend the conference a statement setting out:

 (a) the matters which the Panel proposes to raise at the conference; and

 (b) any other matter of which the Panel wishes the person to be aware for the purposes of the conference.

 (2) At a conference with a person, the Panel is not obliged to consider matters that are not set out in the statement given to the person before the conference.

 (3) The Panel may make and retain a transcript of the proceedings of a conference.

 (4) If a person who may attend a conference does not attend:

 (a) the Panel may conduct the conference in the absence of the person; and

 (b) the person may, before the day on which the conference begins, lodge with the Panel any written submission that addresses the matters set out in the statement mentioned in subregulation (1); and

 (c) the Panel must consider the submission in the proceedings.

39  Addresses to the Panel at conferences

 (1) A person who attends a conference may address the Panel.

 (2) Subject to subregulation (3), the address of a person to the Panel must only deal with matters set out in the statement given by the Panel under subregulation 38(1) for the purposes of the conference.

 (3) If the Panel invites a person at a conference to address the Panel on a matter, the person may address the Panel on the matter at the conference.

40  Witnesses

 (1) At a conference, a person must not ask a witness about a matter unless it is a matter on which the person may address the Panel in accordance with regulation 39.

 (2) A witness must not make a statement on a matter at a conference unless it is a matter on which the witness, or the person who called the witness to give evidence, may address the Panel in accordance with regulation 39.

41  Misbehaviour at conferences

  The Panel may exclude from a conference a person whose behaviour has a disruptive effect on the conference.

Division 6Other matters

42  Summons to witnesses by the Panel

  For subsection 192(1) of the Act (which provides for the summons of a person by the Panel), Form 3 is prescribed.

43  Allowances and expenses payable for attendances

  For subsection 192(6) of the Act (which provides for allowances and expenses to be paid in relation to Panel proceedings), a person who appears at Panel proceedings in response to a summons issued under section 192 of the Act is entitled to be paid allowances and expenses in accordance with Schedule 2.

Part 5Clearing and settlement facilities

 

45  Meaning of clearing and settlement facility

  For paragraph 12BAB(17)(b) of the Act, the following obligations are prescribed:

 (a) each obligation arising from a contract to transfer a financial product mentioned in paragraph 764A(1)(a) of the Corporations Act;

 (b) each obligation arising from a contract to transfer a financial product mentioned in paragraph 764A(1)(b) of the Corporations Act;

 (c) each obligation arising from acquiring or providing a financial product mentioned in paragraph 764A(1)(c) of the Corporations Act;

 (d) each obligation arising from a contract to transfer a financial product mentioned in paragraph 764A(1)(j) of the Corporations Act;

 (e) each obligation arising from a contract to transfer a financial product mentioned in paragraph 764A(1)(ba) of the Corporations Act;

 (f) each obligation arising from a contract to transfer a carbon unit, an Australian carbon credit unit or an eligible international emissions unit.

46  Conduct that does not constitute operating a clearing and settlement facility

 (2) For paragraph 12BAB(18)(i) of the Act, the conduct of:

 (a) National Stock Exchange of Australia Limited, or an agent of that body; or

 (b) a participant of the National Stock Exchange of Australia Limited, or an agent of the participant; or

 (c) Bendigo Stock Exchange Limited, or an agent of that body; or

 (d) a participant of the Bendigo Stock Exchange Limited, or an agent of the participant;

in operating a facility in accordance with the operating rules of a licensed market does not constitute operating a clearing and settlement facility if the requirements of subregulation (3) are met.

 (3) For subregulation (2), the requirements are:

 (a) the market licensee must have, and must be responsible for enforcing, operating rules that apply to a participant of the licensed market in relation to the participant’s obligations arising from transactions carried out on the licensed market; and

 (b) a participant mentioned in paragraph (a), or an agent of the participant, must be responsible for fulfilling the obligations owed to another participant or agent arising from transactions carried out on the licensed market; and

 (c) the market licensee is not the operator of any other clearing and settlement facility; and

 (d) each participant of the licensed market is not the operator of any other clearing and settlement facility; and

 (e) each agent of a participant of the licensed market is not the operator of any other clearing and settlement facility.

47  Financial transaction reports

  For paragraph 243D(j) of the Act, neither subsection 16(5A) nor (5AA) of the Financial Transaction Reports Act 1988 prohibits a cash dealer from communicating or disclosing a fact or information referred to in either of those subsections:

 (a) to a body corporate approved under section 770 of the Corporations Act as an approved securities organisation; or

 (b) in accordance with conditions imposed by the Minister when approving under section 770A of the Corporations Act a stock market for electronic trading of interests in a registered scheme; or

 (c) in accordance with conditions imposed by the Minister when declaring a specified stock market to be an exempt stock market under section 771 of the Corporations Act; or

 (d) in accordance with conditions imposed by the Minister when declaring a specified futures market to be an exempt futures market under section 1127 of the Corporations Act.

Note: Although sections 770, 770A, 771 and 1127 of the Corporations Act were repealed by the Financial Services Reform Act 2001, the sections are still relevant for specific purposes in the period of 2 years after the commencement of the Financial Services Reform Act.

Schedule 1Forms

(regulation 2)

Form 1Notice requiring appearance at an examination or reasonable assistance in connection with an investigation

(regulation 4)

Australian Securities and Investment Commission Regulations 2001

Australian Securities and Investments Commission

NOTICE REQUIRING APPEARANCE AT AN EXAMINATION OR REASONABLE ASSISTANCE IN CONNECTION WITH AN INVESTIGATION

To: 1

In relation to an investigation of 2

you are notified that under subsection 19(2) of the Australian Securities and Investments Commission Act 2001 (‘the Act’) you are required:

 (a) to appear at 3 on

 4 at

 5 before 6

 for examination on oath or affirmation and to answer questions put to you in relation to the investigation; and

 (b) to give the Australian Securities and Investments Commission all reasonable assistance in connection with the investigation.

Please note the provisions of subsection 23(1) of the Act (relating to legal representation) and section 68 of the Act (relating to selfincrimination). The effect of those provisions is set out at the end of this form.

Dated 4.

Signature of person authorised

by the Commission to conduct the

examination:

 

NOTICE OF RELEVANT STATUTORY PROVISIONS

1. Subsection 23(1) of the Act provides that a person who is required to submit to an examination is entitled to have his or her lawyer attend the examination. It also provides that the person’s lawyer may address the inspector or ask the person questions about matters raised with the person by the inspector.

2. (1) You must not fail to comply with this notice without reasonable excuse (see subsection 63(1) of the Act).

 (2) It is not a reasonable excuse for failure to comply with this notice that giving information or signing a record or producing a book might tend to incriminate you or expose you to a penalty (see subsection 68(1) of the Act).

 (3) However, if:

 (a) before making an oral statement or signing a record in answer to this notice you claim that making the statement or signing the record might tend to incriminate you or expose you to a penalty; and

 (b) making the statement or signing the record might in fact tend to incriminate you or expose you to a penalty;

 the statement, or the fact that you have signed the record, is not admissible in evidence in any criminal proceedings, or proceedings for the imposition of a penalty, against you other than proceedings in respect of the falsity of the statement or the record.

(4) The right to make a claim of this kind is not available to a body corporate (see subsections 68(2) and (3) of the Act).

 

1 insert full name and address of the person to whom the notice is to be given

2 insert the nature of the matter to which the investigation relates

3 insert time of day

4 insert date

5 insert full particulars of the address of the place at which the requirement is to be satisfied

6 insert full name of the person conducting the examination

Form 2Notice requiring the production of books

(regulation 5)

Australian Securities and Investment Commission Regulations 2001

Australian Securities and Investments Commission

NOTICE REQUIRING THE PRODUCTION OF BOOKS

To: 1

In relation to 2

you are notified that, under section 303/subsection 31(1)3/section 32A3/section 333 of the Australian Securities and Investments Commission Act 2001 you are required to produce to

 4 at 5

on 6 at 7

the following books:

 8

Dated 6.

Signature of the person requiring

the production of books:

 

1 insert full name and address of the person to whom the notice is to be given

2 insert the nature of the matter to which the request for production of books relates

3 strike out or delete if inapplicable

4 insert the full name of the person to whom the books are to be produced

5 insert time of day

6 insert date

7 insert full particulars of the address of the place at which the books are to be produced

8 insert description(s) of the books that are to be produced

Form 3Summons to witness

(regulations 7, 11 and 42)

Australian Securities and Investment Commission Regulations 2001

Australian Securities and Investments Commission

SUMMONS TO WITNESS

In the matter of 1

To: 2

at 4you are summoned to appear before the Australian Securities and Investments Commission3/Takeovers Panel3/Companies Auditors Disciplinary Board3

 

on 5

at 6 and thereafter to attend from day to day until the hearing in this matter is completed or you are excused or released from further attendance by a member of the Commission3/ Panel3/Board3.

3You are required to produce the following document(s) at the hearing:

 7

Dated 4.

Signature of person authorised by

the Commission3/Panel3/Board3 to issue summons:

 

1 insert description of matter

2 insert full name and address of the person to be summoned to appear

3 strike out or delete if inapplicable

4 insert time of day

5 insert date

6 insert full particulars of the address of the place where the hearing is to be held

7 insert description(s) of the documents that are to be produced at the hearing

Schedule 2Witnesses fees and allowances for expenses

(regulations 8, 12 and 43)

 

 1. A person summoned to appear as a witness, because of his or her professional, scientific or other special skill or knowledge, before the Commission, the Panel or the Board must be paid:

 (a) if the person is remunerated in his or her occupation by wages, salary or feesan amount equal to the amount of wages, salary or fees not paid to the person because of his or her attendance for that purpose; and

 (b) in any other casean amount of not less than $81, or more than $407, for each day on which he or she so attends.

 2. A person summoned to appear as a witness, other than a witness referred to in item 1, before the Commission, the Panel or the Board must be paid:

 (a) if the person is remunerated in his or her occupation by wages, salary or feesan amount equal to the amount of wages, salary or fees not paid to the person because of his or her attendance for that purpose; and

 (b) in any other casean amount of not less than $46, or more than $76, for each day on which he or she so attends.

 3. A person summoned to appear as a witness before the Commission, the Panel or the Board must be paid a reasonable amount for allowances for:

 (a) transport between the usual place of residence of the person and the place that he or she attends for that purpose; and

 (b) if he or she is required to be absent overnight from his or her usual place of residencemeals and accommodation during the absence.

Schedule 3Bodies corporate to which information may be disclosed

(regulation 8A)

Part 1Australian bodies corporate

 

Item

Body Corporate

1

Asia Pacific Exchange Limited

2

ASX Clear (Futures) Pty Limited

3

ASX Clear Pty Limited

4

ASX Compliance Pty Limited

5

ASX Limited

6

ASX Operations Pty Ltd

7

ASX Settlement Pty Limited

8

Austraclear Ltd

9

Australian Securities Exchange Limited

10

BGC Partners (Australia) Pty Limited

11

Bloomberg Tradebook Australia Pty Ltd

12

ChiX Australia Pty Ltd

13

ICAP Brokers Pty Limited

14

IMB Ltd

15

Mercari Pty Ltd

16

National Stock Exchange of Australia Limited

17

SIM Venture Securities Exchange Ltd

18

Yieldbroker Pty Limited

Part 2Foreign bodies corporate

 

Item

Body

Location

1

American Stock Exchange Inc (also known as ‘AMEX’)

United States of America

2

Amsterdam Exchanges NV (also known as ‘AEX’)

The Netherlands

3

Athens Stock Exchange

Greece

4

Austrian Futures and Options Exchange (also known as ‘OTOB’)

Austria

5

Belgium Futures and Options Exchange (also known as ‘BELFOX’)

Belgium

6

Bolsa de Barcelona

Spain

7

Bolsa de Comercio de Buenos Aires

Argentina

8

Bolsa de Comercio de Santiago

Chile

9

Bolsa de Derivados do Porto

Portugal

10

Bolsa de Madrid

Spain

11

Bolsa de Mercadorias & Futuros

Brazil

12

Bolsa de Valores de Lima

Peru

13

Bolsa de Valores de Lima e Porto

Portugal

14

Bolsa de Valores de Rio de Janeiro

Brazil

15

Bolsa de Valores do São Paolo (also known as ‘BOVESPA’)

Brazil

16

Bolsa Mexicana de Valores

Mexico

17

Bourse de Montréal

Canada

18

Brussels Exchange (also known as ‘BXS’)

Belgium

19

Canadian Venture Exchange (also known as ‘CDNX’)

Canada

20

Chicago Board of Trade (also known as ‘CBOT’)

United States of America

21

Chicago Board Options Exchange

United States of America

22

Chicago Mercantile Exchange Inc (also known as ‘CME’)

United States of America

23

Chicago Stock Exchange

United States of America

24

Coffee, Sugar and Cocoa Exchange Inc (also known as ‘CSCE’)

United States of America

25

Commodity Exchange Inc (also known as ‘COMEX’)

United States of America

26

Copenhagen Stock Exchange

Denmark

27

Deutsche Börse AG

Germany

27A

EBS Service Company Limited

Switzerland

27B

Eurex Frankfurt AG

Germany

28

Eurex Zurich AG

Germany and Switzerland

29

Financiele Termijnmarket Amsterdam NV

The Netherlands

29A

FX Alliance International, LLC

United States of America

30

Helsinki Exchanges (also known as ‘HEX’)

Finland

31

Hong Kong Futures Exchange Ltd (also known as ‘HKFE’)

Hong Kong

32

Irish Stock Exchange

Republic of Ireland

33

Istanbul Stock Exchange

Turkey

34

Italian Futures Exchange (also known as ‘MIF’)

Italy

35

Italian Stock Exchange

Italy

36

Jakarta Stock Exchange

Indonesia

37

Johannesburg Stock Exchange

South Africa

38

Kansas City Board of Trade

United States of America

39

Korea Stock Exchange

South Korea

40

Kuala Lumpur Commodity Exchange (also known as ‘KLCE’)

Malaysia

41

Kuala Lumpur Options and Financial Futures Exchange

Malaysia

42

Kuala Lumpur Stock Exchange

Malaysia

43

London International Financial Futures Exchange Ltd

United Kingdom

44

London Securities and Derivatives Exchange

United Kingdom

45

London Stock Exchange

United Kingdom

46

Marche a Terme International de France (also known as ‘MATIF’)

France

47

Marche des Options Negotiable de Paris (also known as ‘MOTEP’)

France

47A

Market Regulation Services Inc.

Canada

48

Mid American Commodity Exchange

United States of America

49

NASDAQ Stock Market (also known as ‘NASDAQ’)

United States of America

50

New York Futures Exchange

United States of America

50A

New York Mercantile Exchange Inc (also known as ‘NYMEX’)

United States of America

51

New York Stock Exchange Inc (also known as ‘NYSE’)

United States of America

52

New Zealand Futures & Options Exchange Ltd (also known as ‘NZFOE’)

New Zealand

53

New Zealand Stock Exchange

New Zealand

54

OM Stockholm Exchange AB (also known as ‘OMS’)

Sweden

55

Osaka Securities Exchange (also known as ‘OSE’)

Japan

56

Oslo Stock Exchange (also known as ‘OLSO’)

Norway

57

Paris Bourse SBF SA

France

58

Philippines Stock Exchange

The Philippines

59

Port Moresby Stock Exchange

Papua New Guinea

59A

Reuters Transaction Services Limited

United Kingdom

60

Shanghai Stock Exchange

Peoples’ Republic of China

61

Shenzen Stock Exchange

Peoples’ Republic of China

62

Singapore Exchange Ltd (also known as ‘SGX’)

Singapore

63

Société de la Bourse de Luxembourg SA

Luxembourg

64

South African Futures Exchange (also known as ‘SAFEX’)

South Africa

65

Spanish Financial Derivatives Exchange (also known as ‘MEFF’)

Spain

66

Suva Stock Exchange

Fiji

67

Swiss Exchange (also known as ‘SWX’)

Switzerland

68

Taiwan Stock Exchange

Taiwan

69

Tel Aviv Stock Exchange

Israel

69A

The London Metal Exchange Limited

United Kingdom

70

The Stock Exchange of Thailand

Thailand

71

Tokyo International Futures Exchange (also known as ‘TIFFE’)

Japan

72

Tokyo Stock Exchange (also known as ‘TSE’)

Japan

73

Toronto Futures Exchange (also known as ‘TFE’)

Canada

74

Toronto Stock Exchange (also known as ‘TSE’)

Canada

75

Warsaw Stock Exchange

Poland

76

Wiener Börse AG

Austria

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

    /subsubparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

    effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

    effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

SubCh = SubChapter(s)

    cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Number and year

FRLI registration or gazettal

Commencement date

Application, saving and transitional provisions

192, 2001

13 July 2001

15 July 2001 (gaz 2001, No S285)

 

317, 2001

15 Oct 2001

11 Mar 2002 (r 2 and gaz 2001, No GN42)

39, 2002

7 Mar 2002

11 Mar 2002 (r 2)

124, 2002

14 June 2002

11 Mar 2002 (r 2)

107, 2003

4 June 2003

4 June 2003 (r 2)

102, 2004

28 May 2004

28 May 2004 (r 2)

210, 2004

9 July 2004

9 July 2004 (r 2)

397, 2004

23 Dec 2004

r 1–3 and Sch 1: 23 Dec 2004 (r 2)
Remainder: 1 Jan 2005

101, 2006

10 May 2006 (F2006L01443)

11 May 2006 (r 2)

119, 2007

14 May 2007 (F2007L01269)

15 May 2007 (r 2)

321, 2007

28 Sept 2007 (F2007L03800)

29 Sept 2007 (r 2)

322, 2007

28 Sept 2007 (F2007L03845)

31 Dec 2007 (r 2)

86, 2010

6 May 2010 (F2010L01096)

6 May 2010 (r 2)

87, 2010

10 May 2010 (F2010L01197)

1 Jan 2011 (r 2)

183, 2010

30 June 2010 (F2010L01801)

28 June 2010 (r 2)

278, 2010

18 Nov 2010 (F2010L03015)

1 Jan 2011 (r 2)

331, 2010

10 Dec 2010 (F2010L03187)

13 Dec 2010 (r 2 and F2010L03188)

193, 2011

21 Oct 2011 (F2011L02103)

31 Oct 2011 (r 2)

69, 2012

11 May 2012 (F2012L01026)

12 May 2012 (r 2)

247, 2012

30 Oct 2012 (F2012L02102)

1 Nov 2012 (r 2)

25, 2013

1 Mar 2013 (F2013L00385)

1 Mar 2013 (r 2)

152, 2013

28 June 2013 (F2013L01264)

Sch 1 (items 1–4): 1 July 2013 (s 2)

192, 2013

25 July 2013 (F2013L01431)

Sch 1 (items 1–5): 26 July 2013 (s 2)

33, 2014

14 Mar 2014 (F2014L00261)

Sch 1 (item 1) and Sch 3 (item 1): 15 Mar 2014
(s 2)

88, 2014

13 June 2014 (F2014L00711)

Sch 3 (items 1, 2): 14 June 2014 (s 2)

185, 2014

1 Dec 2014 (F2014L01612)

Sch 1 (item 1): 1 Dec 2014 (s 2 item 2)

92, 2015

18 June 2015 (F2015L00841)

Sch 1 (item 1): 19 June 2015 (s 2(1) item 1)

134, 2015

12 Aug 2015 (F2015L01262)

Sch 1 (item 1): 13 Aug 2015 (s 2(1) item 1)

 

Name

Registration

Commencement

Application, saving and transitional provisions

Treasury Laws Amendment (2016 Measures No. 1) Regulation 2016

26 Feb 2016 (F2016L00156)

Sch 2 (items 1–8): 27 Feb 2016 (s 2(1) item 1)

Corporations and Other Legislation Amendment (Insolvency Law Reform) Regulation 2016

13 Dec 2016 (F2016L01926)

Sch 1 (items 5–7): 1 Mar 2017 (s 2(1) item 2)

Treasury Laws Amendment (Professional Standards Schemes) Regulations 2017

24 May 2017 (F2017L00595)

Sch 1 (items 1–11): 25 May 2017 (s 2(1) item 1)

 

Endnote 4—Amendment history

 

Provision affected

How affected

Part 1

 

r 1A....................

rep LA s 48D

r 2.....................

am No 69, 2012

r 2A....................

ad No 317, 2001

r 2AC...................

ad No 210, 2004

 

am No 152, 2013

r 2B....................

ad No 317, 2001

r 2BA...................

ad No 87, 2010

r 2BB...................

ad No 69, 2012

 

(1) exp 1 July 2012 (r 2BB(2))

r 2BC...................

ad No 33, 2014

r 2C....................

ad No 107, 2003

 

rs No 331, 2010

r 2D....................

ad No 86, 2010

r 2E....................

ad No 278, 2010

r 2F....................

ad No 278, 2010

Part 2

 

r 3A....................

ad No 101, 2006

 

am No 247, 2012; No 25, 2013; No 33, 2014; No 88, 2014

 

rs No 185, 2014

 

am No 92, 2015; No 134, 2015; F2016L00156; F2017L00595

r 3.....................

am No 317, 2001; No 69, 2012

r 5.....................

am No 317, 2001

r 8AA...................

ad No 322, 2007

 

am No 152, 2013

 

rs F2016L01926

r 8AAA..................

ad No 192, 2013

 

am F2016L01926

r 8B....................

ad No 183, 2010

Part 3

 

Division 1

 

r 15....................

am No 317, 2001

Division 3

 

r 21....................

am No 192, 2013

Division 5

 

r 37....................

am No 192, 2013

r 38....................

am No 192, 2013

Part 4...................

rep LA s 48C

r 44....................

rep LA s 48C

Part 5

 

Part 5...................

ad No 317, 2001

r 45....................

ad No 317, 2001

 

am No 69, 2012

r 46....................

ad No 317, 2001

 

am No 124, 2002; No 321, 2007

r 47....................

ad No 317, 2001

Part 6...................

ad No 397, 2004

 

rep No 152, 2013

r 48....................

ad No 397, 2004

 

rep No 152, 2013

Schedule 1

 

Form 2..................

am No 317, 2001

Form 3..................

am No 317, 2001; F2016L01926

Form 4..................

ad No 397, 2004

 

rep No 152, 2013

Schedule 3

 

Schedule 3................

am No 317, 2001; No 39, 2002; No 102, 2004; No 397, 2004; No 119, 2007; No 321, 2007; No 193, 2011