Corporations Act 2001
Sections and provisions with full text and the judgments that cite each one.
Section 1414 — Section 1413 markets—effect of licences and conditions
(1) Subject to subsections (2) to (4): (a) a licence granted under section 1413 that authorises the operation of a market is, for the purposes of the amended Corporations Act (other than this…
Section 1415 — Section 1413 markets—preservation of old Corporations Act provisions during transition period
Preservation of compensation regimes (1) If, during the transition period in relation to a market the operation of which is authorised by a licence granted under section 1413, Part 7.5 of the amended…
Section 1416 — Section 1413 markets—powers for regulations to change how the old and new Corporations Act apply during the transition period
(1) The regulations may do all or any of the following in relation to a market the operation of which is authorised by a licence granted under section 1413: (a) provide that some or all of the…
Section 1417 — Section 1413 markets—additional provisions relating to previously unregulated services
(1) This section applies to a financial market in relation to which the following paragraphs are satisfied: (a) a licence is granted under section 1413 to the operator of the market; and (b) the…
Section 1418 — Treatment of exempt stock markets and exempt futures markets (other than markets with no identifiable single operator)
(1) This section applies to the following markets: (a) stock markets being operated immediately before the FSR commencement that were, at that time, covered by a declaration (the declaration of…
Section 1419 — Treatment of exempt stock markets and exempt futures markets that do not have a single identifiable operator
(1) This section applies to the following markets: (a) stock markets being operated immediately before the FSR commencement: (i) that were, at that time, covered by a declaration (the declaration of…
Section 1420 — Treatment of stock markets of approved securities organisations
(1) This section applies to each stock market being operated immediately before the FSR commencement by a body corporate covered by an approval (the instrument of approval) in force immediately…
Section 1421 — Treatment of special stock markets for unquoted interests in a registered scheme
(1) This section applies to each stock market being operated before the FSR commencement by a body corporate covered by an approval (the instrument of approval) in force immediately before the FSR…
Section 1422 — Treatment of other markets that were not unauthorised
(1) This section applies to each market in relation to which the following paragraphs are satisfied: (a) the market is a financial market within the meaning of the amended Corporations Act; (b) the…
Section 1423 — When is a clearing and settlement facility being operated immediately before the FSR commencement?
Subject to section 1424, in this Subdivision, a reference to a clearing and settlement facility being operated immediately before the FSR commencement is a reference to a clearing and settlement…
Section 1424 — Treatment of proposed clearing and settlement facilities that have not started to operate by the FSR commencement
(1) This section applies in relation to any proposed clearing and settlement facilities identified in, or in accordance with, regulations made for the purposes of this subsection. For this purpose, a…
Section 1424A — Treatment of unregulated clearing and settlement facilities operated by holders of old Corporations Act approvals
(1) This section applies in relation to a clearing and settlement facility if: (a) the facility was being operated immediately before the FSR commencement by a body corporate in relation to which an…
Section 1425 — Obligation of Minister to grant licences covering main existing facilities
(1) This section applies to each clearing and settlement facility being operated immediately before the FSR commencement in relation to which either of the following paragraphs applies: (a) the…
Section 1426 — Section 1425 facilities—effect of licences and conditions
(1) Subject to subsections (2) to (4): (a) a licence granted under section 1425 that authorises the operation of a facility is, for the purposes of the amended Corporations Act (other than this…
Section 1427 — Section 1425 facilities—powers for regulations to change how the old and new Corporations Act apply during the transition period
(1) The regulations may do either or both of the following in relation to a clearing and settlement facility the operation of which is authorised by a licence granted under section 1425: (a) provide…
Section 1428 — Section 1425 facilities—additional provisions relating to previously unregulated services
(1) This section applies to a clearing and settlement facility in relation to which the following paragraphs are satisfied: (a) a licence is granted under section 1425 to the operator of the…
Section 1429 — Treatment of other clearing and settlement facilities
(1) This section applies to each clearing and settlement facility being operated immediately before the FSR commencement in relation to which both of the following paragraphs are satisfied: (a) the…
Section 1430 — Meaning of regulated principal, regulated activities and relevant old legislation
(1) For the purposes of this Subdivision, a person is a regulated principal if, immediately before the FSR commencement, the person is a person described in column 2 of one of the items in the…
Section 1431 — Parts 7.6, 7.7 and 7.8 of the amended Corporations Act generally do not apply to a regulated principal during the transition period
(1) Subject to subsections (2) and (3), Parts 7.6 (other than Subdivisions A and B of Division 4, and Division 5), 7.7 and 7.8 (other than section 992A) of the amended Corporations Act (the relevant…
Section 1432 — Continued application of relevant old legislation
(1) Subject to subsection (2), during the transition period for a regulated principal, the relevant old legislation (if any) continues to apply, despite its repeal: (a) to, and in relation to, the…
Section 1433 — Streamlined licensing procedure for certain regulated principals
(1) This section applies to the following regulated principals: (a) a regulated principal of a kind referred to in any of items 1 to 5 of the table in subsection 1430(1), but not including anyone who…
Section 1434 — Special licences for insurance multi-agents during first 2 years after FSR commencement
(1) For the purposes of this section, a person is an insurance multi-agent at a particular time if, at that time: (a) the person is an insurance intermediary (but not an insurance broker), within the…
Section 1435 — Licensing decisions made within the first 2 years of the FSR commencement—regard may be had to conduct and experience of applicant or related body corporate that currently provides same or similar services
(1) This section applies: (a) if a person applies, during the period of 2 years starting on the FSR commencement, under section 913A of the amended Corporations Act for the grant of a licence…
Section 1436 — Treatment of representatives—general
(1) This section applies to a person who is a representative of a regulated principal. For this purpose, a representative includes, but is not limited to: (a) an agent (however described) of the…
Section 1436A — Treatment of representatives—insurance agents
(1) This section has effect despite anything else in this Subdivision, including sections 1436 and 1437. (2) This section applies if, immediately before the FSR commencement, a person is an insurance…
Section 1437 — Exemptions and modifications by ASIC
(1) This section applies to the following provisions: (a) the provisions of this Subdivision (other than section 1436A) and any associated provisions; (b) the provisions of legislation that continues…
Section 1438 — New product disclosure provisions do not apply to existing products during transition period
(1) This section applies to all financial products issued by a person, other than financial products in a class of products that are first issued by the person after the FSR commencement. (2) For the…
Section 1439 — Offences against new product disclosure provisions—additional element for prosecution to prove if conduct occurs after opting-in and before the end of the first 2 years
(1) If: (a) conduct in relation to a financial product that would (apart from this section) constitute an offence against, or based on, any of the new product disclosure provisions occurred at a…
Section 1440 — Continued application of certain provisions of old disclosure regimes during transition period
During the transition period (if any) for a financial product, the following provisions continue to apply, despite their repeal or amendment, to and in relation to the financial product: (a) if the…
Section 1441 — Certain persons who are not yet covered by Parts 7.6, 7.7 and 7.8 of the amended Corporations Act are required to comply with Part 7.9 obligations as if they were regulated persons
From the time from which the new product disclosure provisions start to apply in relation to a particular financial product, the following persons must comply with those provisions in relation to…
Section 1442 — Exemptions and modifications by ASIC
(1) This section applies to the following provisions: (a) the provisions of this Subdivision and any associated provisions; (b) the provisions that continue to apply because of section 1440. (2) ASIC…
Section 1442A — Deferred application of hawking prohibition
(1) For the purposes of this section, the transition period is the period starting on the FSR commencement and ending on whichever of the following first occurs: (a) the day fixed by Proclamation for…
Section 1442B — Deferred application of confirmation of transaction and cooling-off provisions etc.
(1) This section applies to all financial products issued by a person, other than financial products in a class of products that are first issued by the person after the FSR commencement. (2) For the…
Section 1443 — Definitions
(1) In this Division: amended Corporations Act has the same meaning as in Division 1. class, in relation to financial products, has a meaning affected by regulations made for the purposes of…
Section 1444 — Regulations may deal with transitional, saving or application matters
(1) The regulations may deal with matters of a transitional, saving or application nature relating to the relevant amendments and the transition from the application of the old legislation to the…
Section 1445 — ASIC determinations may deal with transitional, saving or application matters
(1) ASIC may, by legislative instrument, make a determination dealing with matters of a transitional, saving or application nature relating to the relevant amendments and the transition from the…
Section 1447 — Application of sections 601AB and 601PB
If a company or responsible entity had an obligation to lodge an annual return before the commencement of items 31 and 36 of Schedule 1 to the Corporations Legislation Amendment Act 2003, sections…
Section 1448 — Application of amendments made by Schedule 4 to the Corporations Legislation Amendment Act 2003
If, at the time the amendments made by Schedule 4 to the Corporations Legislation Amendment Act 2003 commence: (a) a company is required to lodge a notice under a provision amended by Schedule 4; and…
Section 1449 — Definition
In this Part: amending Act means the Financial Services Reform Amendment Act 2003.
Section 1450 — Application of Part 10.2 to Chapter 7 as amended by Schedule 2 to the amending Act
(1) Subject to subsection (2), the provisions of Division 1 of Part 10.2 (including regulations and determinations made for the purposes of that Division, and the powers given by that Division to…
Section 1451 — Provisions relating to the scope of the amendments of Chapter 7 made by Schedule 2
Application of amendments of section 916F (1) The amendments made by items 37, 38 and 39 of Schedule 2 to the amending Act do not apply to authorisations made before the commencement of the…
Section 1452 — Amendments of section 1274
(1) The amendment made by item 101 of Schedule 2 to the amending Act applies to documents even if they were lodged before the commencement of the item. (2) The amendment made by item 102 of Schedule…
Section 1453 — Definitions
In this Part: amending Act means the Corporate Law Economic Reform Program (Audit Reform and Corporate Disclosure) Act 2004. old Act means this Act as in force immediately before the commencement…
Section 1454 — Audit reforms in Schedule 1 to the amending Act (auditing standards and audit working papers retention rules)
Sections 307A, 307B and 989CA apply to: (a) an audit of the financial report for a financial year; or (b) an audit or review of the financial report for a half-year in a financial year; if the…
Section 1455 — Audit reforms in Schedule 1 to the amending Act (adoption of auditing standards made by accounting profession before commencement)
(1) The regulations may provide that a standard specified in the regulations (as in force from time to time) is to have effect, for the purposes of this Act, as if it had been made by the AUASB under…
Section 1456 — Audit reforms in Schedule 1 to the amending Act (new competency standard provisions)
If an application by a person for registration as a registered company auditor: (a) is lodged with ASIC before the Schedule 1 commencement; and (b) has not been determined before that day; section…
Section 1457 — Audit reforms in Schedule 1 to the amending Act (new annual statement requirements for auditors)
(1) The requirement under section 1287A for a registered company auditor to lodge an annual statement applies from the first anniversary of the auditor’s registration that occurs on or after 1…
Section 1458 — Audit reforms in Schedule 1 to the amending Act (imposition of conditions on existing registration as company auditor)
ASIC may impose conditions on a person’s registration as a company auditor under section 1289A even if the registration took effect before the Schedule 1 commencement.
Section 1459 — Audit reforms in Schedule 1 to the amending Act (application of items 62 and 63)
The amendments made by items 62 and 63 of Schedule 1 to the amending Act apply to periods that start on or after 1 January 2005.
Section 1460 — Audit reforms in Schedule 1 to the amending Act (non-audit services disclosure)
Subsections 300(11B) to (11E) apply to an audit of the financial report for a financial year if the financial year begins on or after 1 July 2004.