Corporations Act 2001
Sections and provisions with full text and the judgments that cite each one.
Section 1100Q — Offers for monetary consideration
(1) An offer for the issue, sale or transfer of ESS interests to ESS participants in connection with an employee share scheme of a body corporate or registered scheme is covered by this section if:…
Section 1100R — Offers that would otherwise not need disclosure
Offers other than small scale offerings (1) An offer for the issue, sale or transfer of ESS interests to ESS participants in connection with an employee share scheme of a body corporate or registered…
Section 1100S — Requirements for trusts
(1) A trust meets the requirements in this section for an employee share scheme of a body corporate or registered scheme under which an ESS interest may be issued or transferred by the trustee of the…
Section 1100T — Meaning of ESS contribution plan
An ESS contribution plan, for an offer for the issue or sale of ESS interests, means a plan with terms that: (a) allow an ESS participant to make regular payments, or elect to have regular deductions…
Section 1100U — Requirements for connected loans
(1) A loan offered by a body corporate or responsible entity, or an associated entity of a body corporate or responsible entity, in connection with an employee share scheme complies with this section…
Section 1100V — Issue cap for offers involving consideration
(1) An offer of ESS interests in a body corporate or registered scheme complies with the issue cap if, at the time the offer is made, the body corporate or responsible entity of the registered scheme…
Section 1100W — Disclosure requirements for offers involving consideration
(1) An offer of ESS interests in connection with an employee share scheme complies with this section if the offer is made in, or accompanied by, a document that meets the requirements of subsections…
Section 1100X — Additional disclosure requirements for offers by unlisted bodies corporate
Supporting information for offers by unlisted bodies corporate (1) The supporting information required by this section is: (a) the financial information mentioned in subsection (2), accompanied by a…
Section 1100Y — Terms of the offer—disclosure etc.
(1) The terms of an offer of ESS interests in connection with an employee share scheme comply with this section if, under those terms: (a) an ESS participant cannot acquire an ESS interest under the…
Section 1100Z — Terms of the offer—misleading statements and omissions
(1) The terms of an offer of ESS interests in connection with an employee share scheme comply with this section if, under those terms: (a) the ESS offer document, any supporting information required…
Section 1101A — Approved codes of conduct
Applications (1) If an application is made to approve a code of conduct, ASIC may, by legislative instrument, approve the code of conduct. Identifying enforceable code provisions (2) In the approval,…
Section 1101AA — Variations to approved codes of conduct
(1) If an application is made to vary an approved code of conduct, ASIC may, by legislative instrument, approve the variation. (2) Subsections 1101A(2) and (3) apply in relation to an application…
Section 1101GA — How Part 9.3 applies to books required to be kept by this Chapter etc.
(1) In this section: Chapter 7 book means: (a) a book (by whatever name it is known) that a provision of this Chapter requires to be kept; or (b) a document lodged under, or for the purposes of, a…
Section 1101AB — Review of approved codes of conduct
(1) The applicant, in relation to an approved code of conduct, must ensure that, every 5 years, an independent review is undertaken of the operation of the approved code of conduct. (2) A review…
Section 1101B — Power of Court to make certain orders
Court’s power to make orders in relation to certain contraventions (1) The Court may make such order, or orders, as it thinks fit if: (a) on the application of ASIC, it appears to the Court that a…
Section 1101AC — Obligation to comply with enforceable code provisions
If a person holds out that they comply with an approved code of conduct, the person must not breach an enforceable code provision of the approved code of conduct. Civil penalty: 300 penalty units.
Section 1101C — Preservation and disposal of records etc.
Registers (1) A person who is required by a provision of this Chapter to keep a register in relation to a business carried on by the person must preserve it for 5 years after the day on which the…
Section 1101AD — Regulations
The regulations may: (a) prescribe criteria of which ASIC must be satisfied before it identifies a provision of a code of conduct as an enforceable code provision; or (b) prescribe matters to which…
Section 1101D — Destruction of records by ASIC
ASIC may destroy or otherwise dispose of any document that is lodged under, or for the purposes of, a provision of this Chapter if: (a) ASIC is of the opinion that it is no longer necessary or…
Section 1101AE — Mandatory codes of conduct
(1) The regulations may prescribe a code of conduct for the purposes of this Division and declare it to be a mandatory code of conduct. (2) Regulations declaring a code of conduct a mandatory code of…
Section 1101E — Concealing etc. of books
(1) A person must not: (a) conceal, destroy, mutilate or alter a book: (i) relating to the business carried on by a financial services licensee or an authorised representative of such a licensee; or…
Section 1101AF — Obligation to comply with mandatory code of conduct
A person must not contravene a mandatory code of conduct.
Section 1101F — Falsification of records
(1A) A person must not engage in conduct that results in the falsification of: (a) a book required to be kept by a provision of this Chapter; or (b) a register or any accounting or other record…
Section 1101G — Precautions against falsification of records
A person required by a provision of this Chapter to keep a book or record must take reasonable precautions for guarding against falsification of the book or record and for facilitating discovery of…
Section 1101H — Contravention of Chapter does not generally affect validity of transactions etc.
(1) Subject to subsection (2), a failure to comply with any requirement of this Chapter (including requirements in regulations made for the purposes of this Chapter) does not affect the validity or…
Section 1101I — Gaming and wagering laws do not affect validity of contracts relating to financial products
Despite any law of a State or Territory in this jurisdiction about gaming and wagering: (a) a person may enter into a contract that is a financial product; and (b) the contract is valid and…
Section 1101J — Delegation
(1) The Minister may delegate all or any of the Minister’s powers under this Chapter (other than powers under Part 7.2, 7.2A, 7.3, 7.3A, 7.3B, 7.4, 7.5 or 7.5A) to: (a) ASIC; or (b) a member of ASIC…
Section 1200A — Meaning of some terms relating to mutual recognition of securities offers
(1) In this Act: foreign recognition scheme means the provisions of a law of a recognised jurisdiction that are prescribed by the regulations as comprising a foreign recognition scheme. law of a…
Section 1200B — Meaning of recognised offer
(1) An offer of securities becomes a recognised offer, in relation to a recognised jurisdiction, on the day the offer is first made in this jurisdiction, if the conditions in section 1200C are met in…
Section 1200C — Conditions that must be met to be a recognised offer
(1) For the purposes of subsection 1200B(1), the conditions that must be met are those set out in this section. (2) The person offering the securities must be: (a) a person incorporated by or under…
Section 1200D — Required documents and information
(1) For the purposes of paragraph 1200C(5)(b), the documents and information required to be lodged under this section are: (a) any offer document required by the law of the recognised jurisdiction;…
Section 1200E — Warning statement
The regulations may, in relation to offer documents used in this jurisdiction for recognised offers, prescribe either or both of the following: (a) statements to be included with those documents that…
Section 1200F — Effect of a recognised offer
(1) The provisions listed in the table do not apply, in relation to a recognised offer, to the things specified in the table for those provisions. Note: Recognised offers must comply with Division 3…
Section 1200G — Offering conditions
When the offering conditions apply (1) The offering conditions in this section apply in relation to a recognised offer until the recognised offer closes in this jurisdiction. Note: Failure to comply…
Section 1200H — Address for service condition
When the address for service condition applies (1) The address for service condition in this section applies in relation to a recognised offer: (a) until the end of the last day on which a person who…
Section 1200J — Dispute resolution condition
When the dispute resolution condition applies (1) The dispute resolution condition in this section applies, to a person who is or who has been the offeror of a recognised offer, at all times when the…
Section 1200K — Additional operation of section 675 (continuous disclosure)
In relation to a disclosing entity that has been the offeror of a recognised offer, sections 675 and 675A also have the operation they would have if paragraphs 675(2)(c) and 675A(2)(c) were replaced…
Section 1200L — Pre-offer advertising
Offers that need a disclosure document (1) Subsection 734(4) also has the operation it would have if: (a) the reference in that subsection to a disclosure document that has been lodged with ASIC were…
Section 1200M — Modification by the regulations
The regulations may modify a provision of this Act in relation to its application in respect of a recognised offer or a proposed offer of securities that may become a recognised offer.
Section 1200N — Stop orders
(1) If, in relation to a thing mentioned in an item of this table, ASIC is satisfied of the matters specified in the table item for that thing, ASIC may make either or both of the orders specified in…
Section 1200P — Ban on making subsequent recognised offers
(1) ASIC may declare in writing that a person is, for the time specified in the declaration (which must be no longer than 5 years from the day the declaration takes effect), banned from making a…
Section 1200Q — Offence of breaching an ongoing condition
(1) A person commits an offence if, at any particular time: (a) the person is the offeror of a recognised offer; and (b) an offering condition in section 1200G applies in relation to the offer; and…
Section 1200R — Service of documents
(1) For the purposes of any law, a document may be served on a person who is, or who has been, the offeror of a recognised offer by leaving it at, or posting it to, the person’s address for service…
Section 1200S — Notice to ASIC
If: (a) a body proposes to make an offer of securities in a recognised jurisdiction under a foreign recognition scheme; and (b) under the foreign recognition scheme, the offer is to be regulated by…
Section 1200T — Extension of this Act to recognised jurisdictions
(1) If: (a) a body proposes to make, or is making, an offer of securities in a recognised jurisdiction under a foreign recognition scheme; and (b) under the foreign recognition scheme, the offer is…
Section 1200U — ASIC stop order for advertising in a recognised jurisdiction
(1) If ASIC is satisfied that: (a) an offer of securities is being made or has been made in a recognised jurisdiction under a foreign recognition scheme; and (b) there is a contravention of section…
Section 1210 — Meaning of participating economy
A Participant, within the meaning of the Memorandum of Cooperation, is a participating economy at a particular time if: (a) the Asia Region Funds Passport Joint Committee established under the…
Section 1210A — List of participating economies
(1) The Minister must, by notifiable instrument, publish a list of participating economies. (2) The Minister must: (a) include in the instrument the date on which each Participant, within the meaning…
Section 1210B — Minister may determine that funds not to offer interests in this jurisdiction
(1) The Minister may, by legislative instrument, determine that the operators of passport funds, or a class of passport funds, the home economy for which is specified in the determination, must not…
Section 1211 — Minister may make Passport Rules for this jurisdiction
(1) The Minister may, by legislative instrument, make rules that provide for matters relating to passport funds, or entities connected with passport funds. (2) The rules made by the Minister under…