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StatuteCorporations Act 2001

Section 854A — Corporations Act 2001: Record-keeping and giving of information

Text of the provision Official document

(1) The regulations may make provision for and in relation to requiring a person: (a) to keep and retain records that are relevant to whether a person has voting power in a widely held market body and, if so, how much; and (b) to keep and retain records that are relevant to determining whether any disqualified individual is involved in a market licensee, a CS facility licensee or a derivative trade repository licensee; and (c) to give the Minister or ASIC information that is relevant to the matters mentioned in paragraphs (a) and (b); and (d) to give a widely held market body information that is relevant to the matter mentioned in paragraph (a). (2) The regulations may provide that information given in accordance with a requirement covered by paragraph (1)(c) or (d) must be verified by statutory declaration. (3) However, an individual is not required to give information in accordance with a requirement covered by paragraph (1)(c) or (d) if the information might tend to incriminate the individual or expose the individual to a penalty. (4) A person contravenes this section if: (a) the person makes or keeps a record in compliance, or purported compliance, with a requirement covered by subsection (1); and (b) the person does so knowing that the record: (i) is false or misleading; or (ii) omits any matter or thing without which the record is misleading. Note: A contravention of this subsection is an offence (see subsection 1311(1)). (5) Regulations made for the purposes of this section may make provision for or in relation to a matter by conferring a power on the Minister.

Official source: Federal Register of Legislation

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Statutory text from an official public source. Informational content — does not replace advice from a qualified legal practitioner.