Corporations Act 2001
Sections and provisions with full text and the judgments that cite each one.
Section 1241Z — Disclosure obligations of issuers of securities in CCIVs
(1) Subsection 1017B(2) also applies in relation to a financial product that is an ED security in a CCIV. Note: A defendant bears an evidential burden in relation to the matter in subsection 1017B(2)…
Section 1242 — Director identification numbers
Treat subsection 1272B(1) as also providing that an eligible officer does not include the corporate director of a CCIV.
Section 1242A — Registers
Treat paragraph 1274(2)(a) as also providing that the constitution of a wholesale CCIV that is lodged with ASIC may not be inspected by a person.
Section 1242B — Inspection of books
Section 1300 applies to a CCIV as if the CCIV were a proprietary company.
Section 1242C — Falsification of books
(1) Subsection 1307(1) applies as if: (a) each of the following were an officer of a CCIV: (i) an officer of the CCIV; (ii) an officer of the corporate director of the CCIV; and (b) each of the…
Section 1242D — Application of Part 9.4
(1) Sections 1309 and 1317 apply as if: (a) each of the following were a director of a CCIV: (i) the corporate director of the CCIV; (ii) a director of the corporate director of the CCIV; and (b)…
Section 1242E — Disclosures qualifying for protection under Part 9.4AAA
Eligible whistleblower (1) Treat section 1317AAA as also providing that an individual is an eligible whistleblower in relation to a regulated entity that is a CCIV if the individual is, or has been,…
Section 1242F — Powers of Courts—irregularities
Subparagraph 1322(1)(b)(i) applies to: (a) a meeting of the members of a sub-fund of the CCIV in the same way as it applies in relation to a meeting of a corporation; and (b) a joint meeting of…
Section 1242G — Fees payable to the Commonwealth
Subsection 1351(4) has effect in relation to a review fee payable to the Commonwealth by a CCIV in relation to a review date in a year as if paragraph 1351(4)(a) were substituted with the following:…
Section 1243 — ASIC’s power to make exemption and modification orders
(1) This section applies in relation to the following (the CCIV provisions): (a) Part 8B.2 (registration of CCIVs); (b) Part 8B.3 (corporate governance of CCIVs); (c) sections 1230J and 1230K (about…
Section 1243A — Modification by regulations
(1) The regulations may modify the operation of this Chapter or any other provisions of this Act in relation to: (a) a specified CCIV; or (b) a specified class of CCIVs; or (c) all CCIVs; or (d) a…
Section 1270 — Appointment of the Registrar
(1) The Minister may, by notifiable instrument, appoint a Commonwealth body to be the Registrar. (2) The Minister may, by notifiable instrument, appoint a Commonwealth body to be the Registrar in…
Section 1270A — Functions
The Registrar’s functions are: (a) such functions as are conferred on the Registrar by or under this Act; and (b) such functions as are prescribed by rules made for the purposes of this paragraph…
Section 1270B — Powers
The Registrar’s powers include: (a) such powers as are conferred: (i) on the Registrar in relation to the functions mentioned in section 1270A; and (ii) by or under this Act; and (b) the power to do…
Section 1270C — Directions by Minister
(1) The Minister may, by legislative instrument, give written directions to the Registrar about the performance of its functions and the exercise of its powers. Note: Section 42 (disallowance) and…
Section 1270D — Delegation
(1) The Registrar may, in writing, delegate all or any of the Registrar’s functions or powers under this Act (other than the power to make data standards or the disclosure framework) to: (a) any…
Section 1270E — Assisted decision making
(1) The Registrar may arrange for the use, under the Registrar’s control, of processes to assist decision making (such as computer applications and systems) for any purposes for which the Registrar…
Section 1270F — Liability for damages
None of the following: (a) the Minister; (b) the Registrar; (c) if the Registrar is a Commonwealth body that has members—a member of the Registrar; (d) a member of the staff of the Registrar; (e) a…
Section 1270G — Data standards
(1) The Registrar may, by legislative instrument, make data standards on matters relating to the performance of the Registrar’s functions and the exercise of the Registrar’s powers under this Act.…
Section 1270H — Giving information to the Registrar
(1) Without limiting section 1270G, the data standards may provide that information is to be given to the Registrar in electronic form, or any other specified form. (2) A requirement under this Act…
Section 1270J — How the Registrar is to perform and exercise functions and powers
(1) The Registrar must perform its functions and exercise its powers under this Act in accordance with: (a) the data standards; or (b) if there are no data standards that apply to particular…
Section 1270K — Disclosure framework
(1) The Registrar may, by legislative instrument, make a disclosure framework relating to disclosing protected information. (2) Without limiting subsection (1), the disclosure framework may provide…
Section 1270L — Protection of confidentiality of protected information
(1) A person (the first person) commits an offence if: (a) the first person is, or has been, in official employment; and (b) the first person makes a record of information, or discloses information…
Section 1270M — Authorisation of recording or disclosure
(1) A person is not liable to any proceedings for contravening a secrecy provision in respect of a recording or disclosure authorised under subsection 1270L(3), unless the secrecy provision is a…
Section 1270N — Preventing disclosure of particular protected information
(1) If: (a) a person applies to the Registrar for particular protected information relating to the person not to be disclosed; and (b) the Registrar is satisfied that it is not appropriate to…
Section 1270P — Authorisation for purposes of Privacy Act
A disclosure of personal information (within the meaning of the Privacy Act 1988) is taken to be authorised by law for the purposes of paragraph 6.2(b) of Schedule 1 to that Act if: (a) the…
Section 1270Q — Disclosure to a court
A person is not to be required: (a) to produce to a court any document that: (i) contains protected information; and (ii) was made or given under, or for the purposes of, this Act; and (iii) was…
Section 1270R — Extracts of information to be admissible in evidence
(1) In any proceedings, a document, or a copy of a document, that purports (irrespective of the form of wording used) to be an extract of information held by the Registrar under, or for the purposes…
Section 1270S — Annual report
Each annual report by the Registrar for a period must include information about the performance of the Registrar’s functions and exercise of the Registrar’s powers under, or for the purposes of, this…
Section 1270T — Rules
(1) The Minister may, by legislative instrument, make rules under this section prescribing matters: (a) required or permitted by this Division to be prescribed by rules made under this section; or…
Section 1272 — Giving and cancelling director identification numbers
(1) The Registrar must, by notifying a person who has applied under section 1272A, give the person a director identification number if the Registrar is satisfied that the person’s identity has been…
Section 1272A — Applying for a director identification number
(1) An eligible officer may apply to the Registrar for a director identification number if the officer does not already have a director identification number. (2) The Registrar may direct an eligible…
Section 1272B — Meaning of eligible officer
(1) An eligible officer is: (a) a director of a company, or of a body corporate that is a registered Australian body or registered foreign company, who: (i) is appointed to the position of a…
Section 1272C — Requirement to have a director identification number
(1) An eligible officer must have a director identification number. (2) Subsection (1) does not apply if: (a) the officer applied to the Registrar under section 1272A for a director identification…
Section 1272D — Requirement to apply for a director identification number
(1) An eligible officer whom the Registrar has directed under subsection 1272A(2) to apply for a director identification number must apply to the Registrar under section 1272A for a director…
Section 1272E — Registrar may extend application periods
(1) The Registrar may, on the application of an eligible officer, allow, as a longer period for applying to the Registrar under section 1272A for a director identification number: (a) the period…
Section 1272F — Infringement notices
(1) Subsections 1272C(1) and 1272D(1) are subject to an infringement notice under Part 5 of the Regulatory Powers Act. Note: Part 5 of the Regulatory Powers Act creates a framework for using…
Section 1272G — Applying for additional director identification numbers
(1) A person must not apply for a director identification number if the person knows that the person already has a director identification number. Note: Failure to comply with this subsection is an…
Section 1272H — Misrepresenting director identification numbers
(1) A person must not intentionally represent to a Commonwealth body, company or registered body, as the director identification number of the person or another person, a number that is not that…
Section 1274 — Registers
(1) ASIC must, subject to this Act, keep such registers as it considers necessary in such form as it thinks fit. (2) A person may: (a) inspect any document lodged with ASIC, not being: (iaa) a notice…
Section 1274A — Obtaining information from certain registers
(1) In this section: data processor means a mechanical, electronic or other device for the processing of data. register means a register kept by ASIC under this Act. search includes inspect. (2) ASIC…
Section 1274AA — Register of disqualified company directors and other officers
(1) ASIC must keep a register of persons who have been disqualified from managing corporations under: (a) section 206C, 206D, 206E, 206EAA, 206EAB, 206EA, 206EB, 206F or 206GAA of this Act; or (b) a…
Section 1274B — Use, in court proceedings, of information from ASIC’s national database
(1) In this section: data processor means a mechanical, electronic or other device for processing data. (2) In a proceeding in a court, a writing that purports to have been prepared by ASIC is…
Section 1274C — ASIC certificate
ASIC may certify that a person was a director or secretary of a company at a particular time or during a particular period. In the absence of evidence to the contrary, a certificate is proof of the…
Section 1275 — Relodging of lost registered documents
(1) Where a document forming part of the constitution of, or any other document relating to, a body corporate has, since being lodged, been lost or destroyed, a person may apply to ASIC for leave to…
Section 1279 — Application for registration as auditor
(1) A natural person may make an application to ASIC for registration as an auditor. (2) An application under this section: (a) must be lodged with ASIC; and (b) must contain such information as is…
Section 1280 — Registration of auditors
(2) Subject to this section, where an application for registration as an auditor is made under section 1279, ASIC must grant the application and register the applicant as an auditor if: (a) the…
Section 1280A — Approval of auditing competency standard
(1) ASIC may, on application by any person, approve an auditing competency standard for the purposes of paragraph 1280(2)(b). The approval must be in writing. (2) If, on application by a person, ASIC…
Section 1281 — Auditor-General taken to be registered as auditor
(1) A person who holds office as, or is for the time being exercising the powers and performing the duties of: (a) the Auditor-General; or (b) the Auditor-General of a State or Territory in this…
Section 1285 — Register of Auditors
(1) ASIC must cause a Register of Auditors to be kept for the purposes of this Act and must cause to be entered in the Register in relation to a person who is registered as an auditor: (a) the name…