Corporations Act 2001
Sections and provisions with full text and the judgments that cite each one.
Section 792C — Giving ASIC information about a listed disclosing entity
(1) If a market licensee makes information about a listed disclosing entity available to participants in the market (whether or not the licensee also makes the information available to anyone else),…
Section 792D — Obligation to assist ASIC
(1) A market licensee must give such assistance to ASIC, or a person authorised by ASIC, as ASIC or the authorised person reasonably requests in relation to the performance of ASIC’s functions. Note:…
Section 792E — Obligation to give ASIC access to market facilities
A market licensee must give a person authorised by ASIC such reasonable access to the market’s facilities as the person requests for any of the purposes of this Chapter. Note: Failure to comply with…
Section 792F — Annual report
(1) A market licensee must, within 3 months after the end of its financial year, give ASIC an annual report on the extent to which the licensee complied with its obligations as a market licensee…
Section 792G — Obligations to notify people about clearing and settlement arrangements in certain circumstances
(1) If, in relation to a category of transactions, being all transactions or a class of transactions effected through a licensed market, the market licensee: (a) does not have any clearing and…
Section 792H — Change of country by foreign licensee
(1) In the case of a licence granted under subsection 795B(2), ASIC may approve the location of the licensee’s principal place of business in a new country only if: (a) the new country is not…
Section 792I — Making information about compensation arrangements publicly available
A market licensee must take reasonable steps to ensure that information about the compensation arrangements that are in place under Part 7.5 is available to the public free of charge. Note: Failure…
Section 793A — Content of the operating rules and procedures
(1) The operating rules of a licensed market must deal with the matters prescribed by regulations made for the purposes of this subsection. (2) The regulations may also prescribe matters in respect…
Section 793B — Legal effect of operating rules
(1) The operating rules (other than listing rules) of a licensed market have effect as a contract under seal: (a) between the licensee and each participant in the market; and (b) between a…
Section 793C — Enforcement of operating rules
(1) If a person who is under an obligation to comply with or enforce any of a licensed market’s operating rules fails to meet that obligation, an application to the Court may be made by: (a) ASIC; or…
Section 793D — Changing the operating rules
Licensed markets other than subsection 795B(2) markets (1) As soon as practicable after a change is made to the operating rules of a licensed market, other than a market licensed under subsection…
Section 793E — Disallowance of changes to operating rules
(1) This section does not apply in respect of an Australian market licence granted under subsection 795B(2) (overseas markets). (3) Within 28 days after ASIC receives a notice under section 793D from…
Section 794A — ASIC’s directions power—promoting compliance
(1) If ASIC considers that a market licensee is not complying or is not likely to comply with its obligations as a market licensee under this Chapter, ASIC may give the licensee a written direction:…
Section 794AA — ASIC’s directions power—crisis resolution
(1) If the Reserve Bank, under subsection 849AB(1), requests ASIC to give a direction to a market licensee under this subsection to do, or to refrain from doing, specified things, ASIC may give the…
Section 794BA — ASIC’s power to require expert report
Expert appointed by ASIC (1) ASIC may, by written notice given to a market licensee and a person (the expert), appoint the expert to provide ASIC with an expert report on specified matters relating…
Section 794DA — Matters relating to ASIC directions—protecting dealings in financial products
Referrals to the Minister (1) If, at any time after a market licensee receives a direction under subsection 794D(1), the licensee requests in writing that ASIC refer the direction to the Minister,…
Section 794AB — Matters relating to ASIC directions—crisis resolution
Variation or revocation (1) If the Reserve Bank, under subsection 849AB(1), requests ASIC to vary a direction given to a market licensee under subsection 794AA(1), ASIC may vary the direction by…
Section 794B — ASIC’s power to require special report
(1) ASIC may give a market licensee a written notice requiring the licensee to give ASIC a special report on specified matters. (2) The licensee must give the special report to ASIC within the time…
Section 794C — ASIC assessment of licensee’s compliance
(1) ASIC may do an assessment of how well a market licensee is complying with any or all of its obligations as a market licensee under this Chapter. In doing the assessment, ASIC may take account of…
Section 794D — ASIC’s directions power—protecting dealings in financial products
(1) ASIC may, by written notice given to a market licensee, direct the licensee: (a) to suspend dealings in a specified financial product or class of financial products; or (b) to take, or refrain…
Section 794E — Additional directions to clearing and settlement facilities
(1) If ASIC gives a direction under section 794D, it may also give a written direction to the operator of each clearing and settlement facility with which the market licensee has clearing and…
Section 795A — How to apply for a licence
A body corporate may apply for an Australian market licence by lodging with ASIC in a prescribed form an application that: (a) includes the information required by regulations made for the purposes…
Section 795B — When a licence may be granted
General (1) ASIC may grant an applicant an Australian market licence if ASIC is satisfied that: (a) the application was made in accordance with section 795A; and (b) the applicant will comply with…
Section 795C — Publication of notice of licence grant
If ASIC grants an Australian market licence, ASIC must publish a notice on ASIC’s website that includes: (a) the name of the licensee; and (b) when the licence was granted; and (c) the conditions on…
Section 795D — More than one licence in the same document
If ASIC grants a person 2 or more of the following: (a) an Australian market licence; (b) an Australian CS facility licence; they may be included in the same document.
Section 795E — More than one market covered by the same licence
(1) The same Australian market licence may authorise the licensee to operate 2 or more financial markets. (2) In that case, a reference to the market to which an Australian market licence relates is…
Section 796A — The conditions on the licence
(1) ASIC may, at any time: (a) impose conditions, or additional conditions, on an Australian market licence; or (b) vary or revoke conditions imposed on such a licence; by giving written notice to…
Section 797A — Varying licences
(1) ASIC may vary an Australian market licence to take account of a change in the licensee’s name if the licensee lodges with ASIC in a prescribed form an application for the variation, accompanied…
Section 797B — Immediate suspension or cancellation
ASIC may, by giving written notice to a market licensee, suspend the licence for a specified period, or cancel it, if: (a) the licensee ceases to carry on the business of operating the financial…
Section 797C — Suspension or cancellation following hearing and report
(1) If ASIC considers that a market licensee has breached, or is in breach of, one or more of its obligations as a market licensee under this Chapter, ASIC may give the licensee a written notice that…
Section 797D — Effect of suspension
(1) A person whose Australian market licence is suspended is taken not to hold that licence while it is suspended. (2) However, ASIC may specify in the written notice to the licensee that subsection…
Section 797E — Variation or revocation of suspension
ASIC may at any time vary or revoke a suspension of an Australian market licence by giving written notice to the licensee.
Section 797F — Publication of notice of licence suspension or cancellation
(1) If ASIC: (a) suspends, or varies or revokes a suspension of, an Australian market licence; or (b) cancels an Australian market licence; ASIC must publish a notice on ASIC’s website to that…
Section 797G — Suspension and cancellation only in accordance with this Subdivision
An Australian market licence cannot be varied, suspended or cancelled otherwise than in accordance with this Subdivision. Note: The conditions on the licence can be varied under section 796A.
Section 798A — Matters to be taken into account by ASIC
(1) ASIC must have regard to certain matters in deciding whether to: (a) grant an applicant an Australian market licence under section 795B; or (b) impose, vary or revoke conditions on such a licence…
Section 798DA — Market licensee, related body corporate etc. or competitor participating in market
(1) This section applies if any of the following is a participant (the participant) in a market: (a) the market licensee; (b) a related body corporate of the market licensee; (c) a partnership if a…
Section 798JA — Matters relating to ASIC directions—protecting people dealing in financial products
Referrals to the Minister (1) If, at any time after an entity receives a direction under subsection 798J(1), the entity requests in writing that ASIC refer the direction to the Minister, ASIC must do…
Section 798B — ASIC may give advice to Minister
ASIC may give advice to the Minister in relation to: (a) any matter in respect of which the Minister has a discretion under this Part; or (b) any other matter concerning financial markets.
Section 798JB — ASIC’s directions power—crisis resolution
(1) If the Reserve Bank, under subsection 849AB(1), requests ASIC to: (a) give a direction to an entity under this subsection to suspend dealings in a financial product or class of financial…
Section 798C — Market licensee or related body corporate etc. listing on market
(1) Any of the following kinds of entity, scheme or fund (the listed entity) may be included in a market’s official list: (a) the market licensee for the market; (b) a related body corporate of the…
Section 798JC — Matters relating to ASIC directions—crisis resolution
Variation or revocation (1) If the Reserve Bank, under subsection 849AB(1), requests ASIC to vary a direction given to an entity under subsection 798JB(1), ASIC may vary the direction by giving…
Section 798D — Exemptions and modifications for self-listing licensees or related bodies corporate etc.
(1) ASIC may: (a) exempt an entity, scheme or fund referred to in subsection 798C(1) whose financial products are able to be traded on the market from a modifiable provision (see subsection (7)); or…
Section 798E — Other potential conflict situations
(1) The regulations may make provision in relation to the rules and procedures that are to apply in the case of conflicts, or potential conflicts, between the commercial interests of the licensee and…
Section 798F — ASIC to supervise financial markets
ASIC has the function of supervising financial markets the operators of which are licensed under subsection 795B(1).
Section 798G — Market integrity rules
(1) ASIC may, by legislative instrument, make rules (the market integrity rules) that deal with the following: (a) the activities or conduct of licensed markets; (b) the activities or conduct of…
Section 798H — Complying with market integrity rules
(1) The following entities must comply with the market integrity rules: (a) operators of licensed markets; (b) participants in licensed markets; (c) entities prescribed by the regulations for the…
Section 798J — ASIC’s directions power—protecting people dealing in financial products
(1) ASIC may, by written notice given to an entity, direct the entity: (a) to suspend dealings in a financial product or class of financial products; or (b) to take, or refrain from taking: (i) any…
Section 798K — Alternatives to civil proceedings
(1) The regulations may provide for a person who is alleged to have contravened subsection 798H(1) (complying with market integrity rules) to do one or more of the following as an alternative to…
Section 798L — Exemptions and modifications by regulations
(1) The regulations may: (a) exempt a person or class of persons from all or specified provisions of this Part; or (b) exempt a financial market or class of financial markets from all or specified…
Section 798M — Exemptions by ASIC
(1) ASIC may exempt a particular financial market, or class of financial markets, from all or specified provisions of this Part. An exemption may be unconditional, or subject to conditions specified…