Section 1317C — Corporations Act 2001: Excluded decisions

Section 1317B does not apply in relation to: (a) a decision in respect of which any provision in the nature of an appeal or review is expressly provided by this Act; or (b) a decision that is declared by this Act to be conclusive or final or is embodied in a document declared by this Act to be conclusive evidence of an act, matter or thing; or (c) a decision by ASIC under subsection 9D(2) to declare a financial market; or (ca) a decision of ASIC to order the winding up of a company under section 489EA; or (d) a decision made by ASIC in the performance of a function, or in the exercise of a power, under section 601CC or 601CL or Chapter 5A; or (e) a decision by ASIC to refuse to exercise a power under section 601CC or 601CL or Chapter 5A; or (f) a decision to apply under section 596A or 596B for the Court to summon a person for examination about a corporation’s examinable affairs; or (g) a decision to apply under section 597A for the Court to require a person to file an affidavit about a corporation’s examinable affairs; or (ga) a decision of ASIC under section 655A; or (gb) a decision of ASIC under section 673 in relation to securities of the target of a takeover bid during the bid period; or (gc) a decision by ASIC whether to make an application under section 657C, 657G, 659B, 1325A, 1325B or 1325C; or (gcaa) a decision by ASIC to declare under subsection 791D(2) that a financial market has a material connection with this jurisdiction; or (gcab) a decision by ASIC under subsection 791E(4) to determine connections, matters or principles; or (gcac) a decision by the Minister under subsection 791F(1) to consent to the making of a determination; or (gcad) a decision by ASIC: (i) to give a direction under subsection 794AA(1); or (ii) to vary a direction under subsection 794AB(1); or (iii) to revoke a direction under subsection 794AB(2); or (gcae) a decision by the Minister under subsection 794DA(2) to direct ASIC to vary or revoke a direction given under subsection 794D(1); or (gca) a decision by ASIC to make market integrity rules under section 798G; or (gcb) a decision by the Minister to: (i) consent to the making of a market integrity rule; or (ii) direct ASIC to revoke or amend a market integrity rule; or (gcba) a decision by ASIC: (i) to give a direction under subsection 798JB(1); or (ii) to vary a direction under subsection 798JC(1); or (iii) to revoke a direction under subsection 798JC(2); or (gcc) a decision by ASIC to do or not do anything under regulations made for the purposes of section 798K (alternatives to civil proceedings); or (gcca) a decision by ASIC to declare under subsection 820D(2) that a clearing and settlement facility has a material connection with this jurisdiction; or (gccb) a decision by ASIC to make a determination under subsection 820F(3); or (gccc) a decision by the Minister under subsection 820G(1) or (2) to consent to the making of a determination; or (gccd) a decision by the Minister under subsection 823DA(2) to direct ASIC to vary or revoke a direction given under subsection 823D(1); or (gcce) a decision by the Reserve Bank to give a direction under section 823F (directions to preserve stability in the Australian financial system); or (gccf) a decision by the Minister to grant a CS facility license under subsection 824B(3); or (gccg) a decision by ASIC: (i) under section 826H to make CS facility rules; or (ii) under subsection 826R(1) to vary or revoke CS facility rules; or (gcch) a decision by ASIC to do or not do anything under regulations made for the purposes of section 826L (alternatives to civil proceedings); or (gcci) a decision by the Minister: (i) under subsection 826N(1) to consent to the making of a CS facility rule; or (ii) under subsection 826K(3), 826P(3) or 826Q(3) to direct ASIC to vary or revoke a CS facility rule; or (gccj) a decision of the Reserve Bank to determine standards under section 827DA, or to vary or revoke such a standard; or (gcd) a decision by ASIC to: (i) make CS services rules; or (ii) give a direction under subsection 828G(1); or (gce) a decision by the Minister to: (i) make a determination under subsection 828B(2); or (ii) consent under subsection 828K(1) to the making of CS services rules; or (iii) make directions under paragraph 828L(2)(b); or (gcf) a decision under Part 7.3B; or (gd) a decision of the Minister under Division 1 of Part 7.4; or (gdaa) a decision by ASIC under subsection 850A(3) to declare a body corporate; or (gda) a decision by the Minister: (i) to make a determination under section 901B, or to amend or revoke such a determination; or (ii) to consent, under section 901K or 903H, to the making of a derivative transaction rule or a derivative trade repository rule, or to consent to the variation or revocation of such a rule; or (iii) to direct ASIC, under section 901L or 903J, to amend or revoke a derivative transaction rule or a derivative trade repository rule; or (gdb) a decision by ASIC to make derivative transaction rules or derivative trade repository rules under section 901A or 903A, or to vary or revoke such rules; or (gdc) a decision by ASIC to do or not do anything under regulations made for the purpose of section 901F or 903E; or (gdcaa) a decision by the Minister under subsection 904GA(2) to direct ASIC to vary or revoke a direction given under subsection 904G(1); or (gdca) a decision by ASIC under subsection 915B(1B), (2B), (3B) or (4B) (immediate cancellation of an Australian financial services licence); or (gdd) a decision by ASIC to make client money reporting rules under section 981J; or (gde) a decision by ASIC to do or not do anything under regulations made for the purposes of section 981N (alternatives to civil proceedings for contraventions of client money reporting rules); or (gdf) a decision by ASIC to make a declaration under subsection 908AC(2), or to vary or revoke such a declaration (about significant financial benchmarks); or (gdg) a decision by the Minister under: (i) subsection 908AC(4) to consent to the making of a declaration under subsection 908AC(2); or (ii) subsection 908AD(3) to direct ASIC to revoke a declaration made under subsection 908AC(2); or (gdh) a decision of the Minister under subsection 908BU(2) to disallow a direction or notice given by ASIC under section 908BT (about compliance directions or notices given to benchmark administrator licensees); or (gdi) a decision by ASIC to make rules under Division 3 of Part 7.5B, or to vary or revoke such rules; or (gdj) a decision by ASIC to do or not do anything under regulations made for the purposes of subsection 908CG(1) (alternatives to civil proceedings for contraventions of rules about financial benchmarks); or (gdk) a decision by the Minister: (i) under subsection 908CM(2) to consent to the making of rules under Division 3 of Part 7.5B; or (ii) under subsection 908CN(3) to direct ASIC to vary or revoke rules made under Division 3 of Part 7.5B; or (gdl) a decision by ASIC to require something, by giving written notice, under the compelled financial benchmark rules; or (gdm) any of the following decisions by ASIC: (i) a decision under subsection 1023D(3) (which relates to making product intervention orders); (ii) a decision under subsection 1023H(1) (which relates to extensions of product intervention orders); (iii) a decision under section 1023J (which relates to amendments of product intervention orders) that, under subsection 1023J(6), must be by legislative instrument; (iv) a decision under section 1023K (which relates to revocation of product intervention orders) that, under subsection 1023K(4), must be by legislative instrument; or (ge) a decision of ASIC under section 1101A or 1101AA; or (gf) a decision of ASIC: (i) to give an infringement notice under section 1317DAM; or (ii) to extend, or to refuse to extend, the payment period for an infringement notice under section 1317DAR; or (iii) to make an arrangement, or to refuse to make an arrangement, to pay the amount payable under an infringement notice by instalments under section 1317DAS; or (iv) to withdraw, or not to withdraw, an infringement notice under section 1317DAT; or (gg) a decision by the Registrar to make, amend or repeal data standards under section 1270G; or (gh) a decision by the Registrar to make, amend or repeal the disclosure framework under section 1270K; or (h) a decision to make a determination under subsection 1317D(3); or (i) a decision of ASIC to issue an infringement notice under section 1317DAC; or (j) a decision of ASIC to withdraw, or not to withdraw, an infringement notice under section 1317DAI; or (k) a decision of ASIC under section 40-5 of Schedule 2 (which deals with directing liquidators to comply with requirements to lodge documents etc.); or (l) a decision of ASIC under section 40-10 of Schedule 2 (which deals with directing liquidators to correct inaccuracies etc.); or (m) a decision of ASIC under section 40-100 of Schedule 2 to take no action in relation to matters raised by an industry notice lodged under that section (notice by industry bodies of possible grounds for disciplinary action); or (n) a decision of ASIC to give a direction under section 70-70 of Schedule 2 (which deals with directing external administrators to comply with requests for information etc.); or (o) a decision of ASIC under section 70-85 of Schedule 2 (a decision to impose a condition on the use or disclosure of relevant material).