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Corporations Act 2001

Sections and provisions with full text and the judgments that cite each one.

Section 1698D — Calculation of time

(1) Despite the repeal of sections 5C and 105 by Schedule 1 to the Treasury Laws Amendment (2023 Law Improvement Package No. 1) Act 2023, those sections continue to apply at and after the…

Section 1698E — Saving of Part 5D.6 authorisations

An authorisation that: (a) was made under subsection 601WAA(2); and (b) was in force immediately before the commencement time; has effect, at and after the commencement time, as if it had been made…

Section 1698F — Saving of existing prescribed forms

A form for a document that is required to be lodged with ASIC under this Act that: (a) was prescribed by the regulations or approved by ASIC under section 350; and (b) was in force immediately before…

Section 1698H — Saving of declarations that a specified facility etc. is not a financial product

A declaration that: (a) was made under subsection 765A(2); and (b) was in force immediately before the commencement time; has effect at and after the commencement time as if the declaration had been…

Section 1698J — Saving of appointments and delegations under Part 7.5

(1) An appointment that: (a) was made under subsection 892C(2); and (b) was in force immediately before the commencement time; has effect at and after the commencement time as if the delegation had…

Section 1698K — Amendments of Division 5 of Part 7.8A do not affect the continuity of instruments made under section 994L

The amendments of Division 5 of Part 7.8A made by Schedule 2 to the Treasury Laws Amendment (2023 Law Improvement Package No. 1) Act 2023 do not affect the continuity of an instrument made under…

Section 1698L — Amendments of Part 9.12 do not affect the continuity of the regulations

The amendments of Part 9.12 made by Schedule 2 to the Treasury Laws Amendment (2023 Law Improvement Package No. 1) Act 2023 do not affect the continuity of any regulations made under this Act that…

Section 1699 — Definitions

(1) In this Part: amending Part means Part 1 of Schedule 1 to the Treasury Laws Amendment (2023 Measures No. 1) Act 2023. (2) An expression used in this Part that is also used in Part 7.6 has the…

Section 1699A — Transitional—registration of relevant providers

(1) This section applies to a registration of a relevant provider that was in force under subsection 921ZC(1) immediately before the commencement of the amending Part. (2) The registration of the…

Section 1699B — Transitional—relevant providers who are financial services licensees applying to be registered

(1) This section applies to an application for the registration of a relevant provider if: (a) the application was made in accordance with section 921ZA as in force immediately before the…

Section 1699C — Transitional—financial services licensees applying to register relevant providers

(1) This section applies to an application for the registration of a relevant provider if: (a) the application was made in accordance with section 921ZB as in force immediately before the…

Section 1699D — Transitional—registration suspension orders

(1) This section applies to a registration suspension order that: (a) was in force immediately before the commencement of the amending Part in relation to a registration under subsection 921ZC(1) of…

Section 1699E — Transitional—registration prohibition orders

(1) This section applies to a registration prohibition order that: (a) was in force immediately before the commencement of the amending Part in relation to a registration under subsection 921ZC(1) of…

Section 1699F — Transitional—action by Financial Services and Credit Panels against relevant providers

A Financial Services and Credit Panel may under subsection 921K(1) make an instrument of a kind specified in paragraph 921L(1)(b) or (c), as substituted by the amending Part, because of circumstances…

Section 1699G — Application of amendment—requirement for relevant providers to be registered

The repeal of section 1684L by the amending Part applies on and after 1 January 2023.

Section 1699H — Application of amendment—deemed registration of certain relevant providers

The amendments of paragraphs 1684U(1)(b) and (c) and paragraphs 1684U(3)(a) and (b) by the amending Part apply on and after 1 January 2022.

Section 1700 — Exemptions from requirement to give Financial Services Guide

Subsections 941C(2A), (2B) and (2C), as inserted by Part 2 of Schedule 5 to the Treasury Laws Amendment (2023 Law Improvement Package No. 1) Act 2023, apply in relation to a financial service…

Section 1701 — Schemes for avoiding certain product intervention orders

Section 1023S, as inserted by Schedule 1 to the Treasury Laws Amendment (2023 Measures No. 3) Act 2023 applies in relation to conduct that is engaged in on or after the commencement of that section,…

Section 1702 — Application of amendments

Sections 295 and 295A, as amended by Schedule 1 to the Treasury Laws Amendment (Making Multinationals Pay Their Fair Share—Integrity and Transparency) Act 2024, apply in relation to any financial…

Section 1703 — Application provision

(1) The amendments made by Part 1 of Schedule 8 to the Treasury Laws Amendment (Support for Small Business and Charities and Other Measures) Act 2024 apply in relation to a complaint made under the…

Section 1704 — Application of amendments—notice of resignation of directors

(1) Subsections 111N(5) to 111N(8), as inserted by Schedule 4 to the Treasury Laws Amendment (Strengthening Financial Systems and Other Measures) Act 2025, apply to a notice given to the Commissioner…

Section 1705 — Definitions

In this Part: amending Schedule means Schedule 2 to the Treasury Laws Amendment (Financial Market Infrastructure and Other Measures) Act 2024. commencement time means the time this section commences.

Section 1705A — Application of amendments—applications for Australian CS facility licences

The amendments of section 824B made by Part 1 of the amending Schedule apply in relation to applications made under section 824A at or after the commencement time.

Section 1705B — Transitional—Australian CS facility licences in force before the commencement time

(1) This section applies to an Australian CS facility licence: (a) granted under subsection 824B(1) as in force before the commencement time; and (b) in force immediately before the commencement…

Section 1705C — Transitional—Australian CS facility licences in force before the commencement time for operating overseas clearing and settlement facilities

(1) This section applies to an Australian CS facility licence: (a) granted under subsection 824B(2) as in force before the commencement time; and (b) in force immediately before the commencement…

Section 1705D — Transitional—applications for an Australian CS facility licence undecided before the commencement time

(1) This section applies to an application for an Australian CS facility licence if: (a) the application is lodged under section 824A as in force before the commencement time; and (b) before the…

Section 1705E — Application of amendments—suspension or cancellation of licences

For the purposes of section 797B, 826B, 905H, or 908BI as amended by Part 2 of the amending Schedule, it does not matter whether: (a) a related act, omission or change happens; or (b) a period…

Section 1705F — Transitional—prescribed financial markets to be declared financial markets

(1) A reference in subsection 9D(1) to a financial market declared under subsection 9D(2) is taken to include a reference to a financial market that, immediately before the commencement time, was…

Section 1705G — Translation of references to prescribed financial markets in instruments

(1) This section applies to an instrument (the affected instrument), other than regulations, that: (a) was made under: (i) an Act; or (ii) an instrument made under an Act; and (b) was in force…

Section 1705H — Transitional—widely held market bodies

(1) A reference in paragraph 850A(2)(b) to a body corporate declared under subsection 850A(3) is taken to include a reference to a body corporate that, immediately before the commencement time, was…

Section 1705J — Application of amendments—preservation of voting power

(1) The amendments of section 851I made by Part 3 of the amending Schedule apply to a body corporate becoming a widely held market body at a time occurring at or after the commencement time. (2) To…

Section 1705K — Transitional—pre-commencement approvals granted for preservation of voting power

(1) This section applies to an approval to hold a particular percentage of voting power in a body corporate if the approval: (a) was in force immediately before the commencement time; and (b) was…

Section 1705L — Transitional—preservation of voting power in controlled Australian financial bodies

(1) This section applies to a person if: (a) at the commencement time, the person holds a particular percentage of voting power in a controlled Australian financial body; and (b) that percentage is…

Section 1705M — Application of amendments—market licensees and CS facility licensees

The amendments made by Division 2 of Part 5 of the amending Schedule apply in relation to changes in voting power that occur at or after the commencement time.

Section 1705N — Transitional—exemptions (Part 7.2)

Exemption of particular financial market (1) Subsections (2) to (4) apply to an exemption of a particular financial market: (a) given under subsection 791C(1); and (b) in force immediately before the…

Section 1705P — Transitional—exemptions (Part 7.3)

Exemption of particular clearing and settlement facility (1) Subsections (2) to (4) apply to an exemption of a particular clearing and settlement facility: (a) given under subsection 820C(1); and (b)…

Section 1705Q — Application of amendments

(1) To avoid doubt, paragraphs 793B(2)(aa) and 822B(2)(aa) apply in relation to operating rules that are in force at or after the commencement time, whether the operating rules were made before, at…

Section 1705R — Application of amendments

The amendments made by Part 8 of the amending Schedule do not apply in relation to a direction given under subsection 794D(2), 798J(2), 823D(2) or 904G(2) before the commencement time.

Section 1705S — Transitional—directions power to reduce systemic risk

(1) The amendments made by Division 1 of Part 9 of the amending Schedule do not apply in relation to a direction given under section 823E before the commencement time. (2) The amendment of…

Section 1706 — Definitions

In this Part: amending Part means Part 1 of Schedule 3 to the Treasury Laws Amendment (Financial Market Infrastructure and Other Measures) Act 2024. commencement time means the time this section…

Section 1706A — Transitional—Ministerial instruments

(1) This section applies to an instrument (however described): (a) made by the Minister under a provision of this Act amended by the amending Part; and (b) in force immediately before the…

Section 1706B — Application of amendments—special reports and audit reports

Despite section 1706A, the amendments made by the amending Part do not apply in relation to a notice: (a) given under subsection 794B(1) or 823B(1); and (b) in force immediately before the…

Section 1706C — Transitional—reports in relation to market licensees

(1) This section applies if: (a) a report and recommendation was given to the Minister under paragraph 797C(3)(b) before the commencement time; and (b) the Minister did not take action under…

Section 1706D — Transitional—reports in relation to CS facility licensees

(1) This section applies if: (a) a report and recommendation was given to the Minister under paragraph 826C(3)(b) before the commencement time; and (b) the Minister did not take action under…

Section 1707 — Definitions

In this Part: amending Schedule means Schedule 4 to the Treasury Laws Amendment (Financial Market Infrastructure and Other Measures) Act 2024. first transitional period: if the start date occurs on 1…

Section 1707A — Application of amendments—place where sustainability records are kept

(1) If, under subsection 289A(4), an entity would be required to give ASIC notice before the end of the 12 months starting on the commencement of this section, that subsection has effect as if it…

Section 1707DA — Reports not required under section 292A

(1) This section applies if a company, registered scheme, registrable superannuation entity or disclosing entity: (a) is not required to prepare a sustainability report for a particular financial…

Section 1707B — Application of amendments—sustainability reporting

(1) Section 292A, as inserted by Part 1 of the amending Schedule, applies to an entity for a financial year if: (a) both of the following subparagraphs apply: (i) the financial year commences during…

Section 1707DB — Documents specified by exemption orders

Orders (1) This section applies in relation to an order that, under subsection 342C(2), provides that paragraph 342C(4)(b) applies to a document for a financial year that commences during the 3 years…

Section 1707C — Application of amendments—directors’ declaration

(1) This section applies in relation to a financial year commencing during the 3 years starting on the start date. (2) Subsection 296A(6) applies to an entity for the financial year as if the…