Corporations Act 2001
Sections and provisions with full text and the judgments that cite each one.
Section 890A — Minister to nominate the SEGC
(1) Subject to subsection (3), the Minister may nominate in writing as the Securities Exchanges Guarantee Corporation (the SEGC) a body corporate (whenever incorporated) that is, for the purposes of…
Section 890B — The SEGC’s functions and powers
(1) In addition to the legal capacity and powers it has because of section 124, the SEGC has such functions and powers as are conferred, or expressed to be conferred, on it by or under this Part. (2)…
Section 890C — Delegation
(1) Subject to this section, all decisions of the SEGC in relation to the performance of its functions, and the exercise of its powers, under this Part must be made by the board of the SEGC. (2) The…
Section 890D — Operating rules of the SEGC
The SEGC may make rules (operating rules) relating to the performance or exercise of its powers or duties under this Part, or relating to matters permitted by this Part to be dealt with in its…
Section 890E — Legal effect of the SEGC’s operating rules
The SEGC’s operating rules have effect as a contract under seal between the SEGC and each member of the SEGC under which each of those persons agrees to observe the operating rules to the extent that…
Section 890F — Enforcement of the SEGC’s operating rules
(1) If a person who is under an obligation to comply with or enforce any of the SEGC’s operating rules fails to meet that obligation, an application to the Court may be made by: (a) ASIC; or (b) the…
Section 890G — Changing the SEGC’s operating rules
(1) As soon as practicable after a change is made to the SEGC’s operating rules, the SEGC must lodge with ASIC in a prescribed form written notice of the change. (2) The notice must: (a) set out the…
Section 890H — Disallowance of changes to the SEGC’s operating rules
(1) Within 28 days after receiving a notice under section 890G, ASIC may disallow all or a specified part of the change to the SEGC’s operating rules. (3) As soon as practicable after all or part of…
Section 891A — Payment out of the NGF to prescribed body with arrangements covering clearing and settlement facility support
(1) If the Minister is satisfied that a body corporate specified in regulations made for the purposes of this section has made adequate arrangements covering all or part of the clearing and…
Section 891B — Markets operated by bodies corporate that become members of the SEGC—regulations may deal with transitional provisions and other matters
(1) In this section: joining market means a financial market that: (a) is operated by a body corporate that becomes a member of the SEGC after the commencement of this Division, or by a subsidiary of…
Section 891C — Regulations may make different provision in respect of different markets etc.
Regulations made for the purposes of a provision of this Division may make different provision in respect of different financial markets to which this Division applies and in respect of different…
Section 892A — Meaning of Part 7.5 authority and Part 7.5 regulated fund
In this Act: Part 7.5 authority: (a) in relation to Division 3 arrangements of a financial market—means the operator of the market; and (b) in relation to Division 4 arrangements—means the SEGC. Part…
Section 892B — How Part 7.5 regulated funds are to be kept
(1) Money in: (a) a fidelity fund that is the source, or a source, of funds under Division 3 arrangements; or (b) the NGF; must, until applied in paying claims or otherwise spent for the purposes of…
Section 892C — Money in a Part 7.5 regulated fund may be invested
(1) Money in a Part 7.5 regulated fund that is not immediately required for the purposes of meeting claims may be invested in any way in which trustees are for the time being authorised by law in…
Section 892D — Powers of Part 7.5 authority to require production or delivery of documents or statements
(1) The Part 7.5 authority in relation to Division 3 arrangements or Division 4 arrangements may require a person: (a) to deliver to the Part 7.5 authority documents or copies of documents, including…
Section 892E — Power to require assistance for purpose of dealing with a claim
(1) If Division 3 arrangements give responsibilities (as mentioned in paragraph 885I(2)(c)) to a person acting under an arrangement with the operator of the market concerned, the person may give the…
Section 892F — Part 7.5 authority’s right of subrogation if compensation is paid
(1) If compensation in respect of a claim is paid under Division 3 arrangements or Division 4 arrangements, the Part 7.5 authority in relation to the arrangements is subrogated, to the extent of that…
Section 892G — Excess money in Part 7.5 regulated funds
(1) The regulations may determine, or provide a method for determining, when there is excess money in a Part 7.5 regulated fund. (2) The regulations may make provision in relation to how excess money…
Section 892H — Accounting and reporting
(1) The Part 7.5 authority in relation to Division 3 arrangements or Division 4 arrangements must, in relation to each Part 7.5 regulated fund established in connection with the arrangements, keep…
Section 892I — Division 3 arrangements—reporting in situations where compensation does not come out of a Part 7.5 regulated fund
The regulations may impose reporting requirements to be complied with by the Part 7.5 authority in relation to Division 3 arrangements in relation to situations in which compensation under the…
Section 892J — Regulations may provide for qualified privilege in respect of certain matters
The regulations may provide for specified persons to have qualified privilege in respect of specified things done: (a) under compensation rules forming part of Division 3 arrangements; or (b) under…
Section 892K — Risk assessment report
(1) For the purposes of monitoring compliance with, and the operation of, this Part, ASIC may, by giving the operator of a financial market written notice, require the operator: (a) to cause a risk…
Section 893A — 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 893B — 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…
Section 900A — Derivatives and transactions etc. to which this Part applies
(1) Unless an express contrary intention appears, this Part applies, on the basis specified in section 3, to derivatives, derivative transactions, facilities, persons, bodies and other matters…
Section 901A — ASIC may make derivative transaction rules
Power to make derivative transaction rules (1) Subject to this Division, ASIC may, by legislative instrument, make rules (derivative transaction rules) dealing with matters as permitted by this…
Section 901B — Derivatives in relation to which rules may impose requirements
Requirements can only be imposed in relation to derivatives covered by a determination under this section (1) The derivative transaction rules cannot impose execution requirements, reporting…
Section 901C — Regulations may limit the transactions in relation to which rules may impose requirements
The regulations may provide that the derivative transaction rules: (a) cannot impose requirements (or certain kinds of requirements) in relation to certain classes of derivative transactions; or (b)…
Section 901D — Regulations may limit the persons on whom requirements may be imposed
The regulations may provide that the derivative transaction rules: (a) cannot impose requirements (or certain kinds of requirements) on certain classes of persons; or (b) can only impose requirements…
Section 901E — Obligation to comply with derivative transaction rules
(1) A person must comply with provisions of the derivative transaction rules that apply to the person. Note: This section is a civil penalty provision (see section 1317E). For relief from liability…
Section 901F — Alternatives to civil proceedings
(1) The regulations may provide for a person who is alleged to have contravened section 901E to do one or more of the following as an alternative to civil proceedings: (a) pay a penalty to the…
Section 901G — Failure to comply with derivative transaction rules does not invalidate transaction etc.
A failure, in relation to a derivative transaction, to comply with a requirement of the derivative transaction rules does not invalidate the transaction or affect any rights or obligations arising…
Section 901H — Matters to which ASIC must have regard when making rules
In considering whether to make a derivative transaction rule, ASIC: (a) must have regard to: (i) the likely effect of the proposed rule on the Australian economy, and on the efficiency, integrity and…
Section 901J — ASIC to consult before making rules
(1) ASIC must not make a derivative transaction rule unless ASIC: (a) has consulted the public about the proposed rule; and (b) has also consulted the following about the proposed rule: (i) APRA;…
Section 901K — Ministerial consent to rules required
(1) ASIC must not make a derivative transaction rule unless the Minister has consented, in writing, to the making of the rule. Note: In some situations, consent is not required: see section 901L. (2)…
Section 901L — Emergency rules: consultation and consent not required
(1) ASIC may make a derivative transaction rule without consulting as required by section 901J, and without the consent of the Minister as required by section 901K, if ASIC is of the opinion that it…
Section 901M — Amendment and revocation of derivative transaction rules
(1) ASIC may amend or revoke a derivative transaction rule in like manner and subject to like conditions (see subsections 33(3) and (3AA) of the Acts Interpretation Act 1901). (2) However, the…
Section 902A — ASIC to supervise licensed derivative trade repositories
(1) ASIC has the function of supervising licensed derivative trade repositories. (2) If a licensed derivative trade repository is wholly or partly operated in a foreign country, ASIC may, to such…
Section 903A — ASIC may make derivative trade repository rules
Power to make derivative trade repository rules (1) Subject to this Division, ASIC may, by legislative instrument, make rules (derivative trade repository rules) dealing with matters as permitted by…
Section 903B — Rules may only impose requirements on operators and officers of licensed derivative trade repositories
The only persons on whom the derivative trade repository rules may impose requirements are: (a) operators of licensed derivative trade repositories; and (b) officers of licensed derivative trade…
Section 903C — Regulations may limit how rules may deal with matters related to derivative trade data
The regulations may prescribe limits on the extent to which, or the way in which, the derivative trade repository rules may deal with matters referred to in paragraph 903A(2)(b).
Section 903D — Obligation to comply with derivative trade repository rules
A person must comply with provisions of the derivative trade repository rules that apply to the person. Note 1: This section is a civil penalty provision (see section 1317E). For relief from…
Section 903E — Alternatives to civil proceedings
(1) The regulations may provide for a person who is alleged to have contravened section 903D to do one or more of the following as an alternative to civil proceedings: (a) pay a penalty to the…
Section 903F — Matters to which ASIC has regard when making rules
In considering whether to make a derivative trade repository rule, ASIC: (a) must have regard to: (i) the likely effect of the proposed rule on the Australian economy, and on the efficiency,…
Section 903G — ASIC to consult before making rules
(1) ASIC must not make a derivative trade repository rule unless ASIC: (a) has consulted the public about the proposed rule; and (b) has also consulted any other person or body as required by…
Section 903H — Ministerial consent to rules required
(1) ASIC must not make a derivative trade repository rule unless the Minister has consented, in writing, to the making of the rule. Note: In some situations, consent is not required: see section…
Section 903J — Emergency rules: consultation and consent not required
(1) ASIC may make a derivative trade repository rule without consulting as required by section 903G, and without the consent of the Minister as required by section 903H, if ASIC is of the opinion…
Section 903K — Amendment and revocation of derivative trade repository rules
(1) ASIC may amend or revoke a derivative trade repository rule in like manner and subject to like conditions (see subsections 33(3) and (3AA) of the Acts Interpretation Act 1901). (2) However, the…
Section 904A — General obligations
(1) A derivative trade repository licensee must: (a) comply with the conditions on the licence; and (b) if the licensee is a foreign body corporate—be registered under Division 2 of Part 5B.2; and…
Section 904GA — Matters relating to ASIC directions—licensees not complying with their obligations
Referrals to the Minister (1) If, at any time after a derivative trade repository licensee receives a direction under subsection 904G(1), the licensee requests in writing that ASIC refer the…