Australian Securities and Investments Commission Act 2001

In force

Administered by

Department of the Treasury

Superseded version

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C2018C00438 C70

26 October 2018 - 12 March 2019

Table of contents

Part 1—Preliminary
- Division 1—Objects
  - 1 Objects
- Division 2—Citation
  - 1A Short title
- Division 3—Commencement and application
- Division 4—Interpretation
Part 2—Australian Securities and Investments Commission and consumer protection in relation to financial services
- Division 1—Australian Securities and Investments Commission
- Division 2—Unconscionable conduct and consumer protection in relation to financial services
Part 3—Investigations and information-gathering
- Division 1—Investigations
- Division 2—Examination of persons
- Division 3—Inspection of books and audit information-gathering powers
- Division 4—Requirements to disclose information
- Division 5—Proceedings after an investigation
  - 49 ASIC may cause prosecution to be begun
  - 50 ASIC may cause civil proceeding to be begun
- Division 5A—Audit deficiency notifications and reports
- Division 6—Hearings
- Division 7—Offences
- Division 8—ASIC’s powers where non-compliance with Part
- Division 9—Evidentiary use of certain material
- Division 10—Miscellaneous
Part 3A—Enforceable undertakings
- 93A Undertakings—registered schemes
- 93B Undertakings—notified foreign passport funds
Part 4—ASIC’s business
- Division 1—General
- Division 2—Divisions of ASIC
- Division 3—Delegation by ASIC
  - 102 Delegation
- Division 4—Meetings of ASIC
Part 5—ASIC’s members
- Division 1—Terms and conditions
- Division 2—Acting appointments
- Division 3—Delegation by members
  - 119A Delegation by members
Part 6—ASIC’s staff
- 120 Staff
- 121 Consultants etc.
- 122 Staff seconded to ASIC
Part 7—Preventing conflicts of interest and misuse of information
- Division 1—Disclosure of interests
- Division 2—Confidentiality
  - 127 Confidentiality
Part 8—Finance and reporting requirements
- Division 2—Reporting requirements
  - 136 Annual reports
- Division 3—Liability to taxation
  - 137 Liability to taxation
- Division 4—Transparency
  - 138 Annual “dashboard” report about ASIC’s regulatory costs
Part 10—The Takeovers Panel
- Division 1—General
- Division 2—Conduct of Panel’s business
- Division 3—Panel proceedings
Part 11—Companies Auditors Disciplinary Board
- Division 1—Constitution of Disciplinary Board
- Division 2—Hearings by Disciplinary Board
Part 12—The Australian financial reporting system
- 224 Main objects of this Part
- Division 1—The financial reporting system
- Division 2—Accounting standards
- Division 2A—Auditing standards
- Division 3—Administrative provisions
Part 14—The Parliamentary Joint Committee on Corporations and Financial Services
- 241 Membership
- 242 Powers and proceedings
- 243 Duties
Part 15—Miscellaneous
- 243B Offences committed partly in and partly out of the jurisdiction
- 243C ASIC may publish internal dispute resolution data
- 243D Financial transaction reports
- 243E Suspicious matters reports under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006
- 244 Review by Administrative Appeals Tribunal of certain decisions
- 244A Notice of reviewable decision and review rights
- 245 Validity of certain actions
- 246 Liability for damages
- 247 Duplicate seals
- 248 Judicial notice of ASIC’s seal and members’ signatures
- 249 Validation of agreements to employ staff or engage consultants
- 250 Compensation for compulsory acquisition
- 251 The regulations
Part 16—Transition from the old ASIC legislation
- Division 1—Preliminary
- Division 2—Carrying over bodies established etc. or persons appointed under the old ASIC Act
- Division 3—Carrying over the old ASIC Regulations
  - 263 Division has effect subject to Division 7 regulations
  - 264 Old ASIC Regulations continue to have effect
- Division 4—Court proceedings and orders
- Division 5—Functions and powers of ASIC
- Division 6—General transitional provisions relating to other things done etc. under the old ASIC legislation
- Division 7—Regulations dealing with transitional matters
  - 285 Regulations may deal with transitional matters
Part 17—Transitional provisions relating to the Corporate Law Economic Reform Program (Audit Reform and Corporate Disclosure) Act 2004
- 285A Definitions
- 286 Application of new subsection 225A(5)
- 287 Application of Part 8 of Schedule 1 to the amending Act
- 288 Application of Schedule 3 to the amending Act
Part 18—Transitional provisions relating to the Corporations Amendment (Corporate Reporting Reform) Act 2010
- 289 Definitions
- 290 Application of Companies Auditors and Liquidators Disciplinary Board amendments
- 291 Application of pre-hearing conference amendments
Part 19—Transitional provisions relating to the Corporations Legislation Amendment (Audit Enhancement) Act 2012
- 292 Definitions
- 293 Amendments made by Part 1 of Schedule 2—final report on auditor independence functions
- 294 Application of amendments made by Parts 2 and 3 of Schedule 2
Part 20—Transitional provisions relating to the Clean Energy Legislation (Carbon Tax Repeal) Act 2014
- 295 Definition
- 296 Transitional—carbon units issued before the designated carbon unit day
Part 21—Transitional provisions relating to the Corporations Legislation Amendment (Deregulatory and Other Measures) Act 2015
- 297 Definitions
- 298 FRC members
- 299 AASB members
- 300 AUASB members
Part 22—Application provision relating to the Treasury Legislation Amendment (Small Business and Unfair Contract Terms) Act 2015
- 301 Application
Part 23—Transitional provisions relating to the Insolvency Law Reform Act 2016
- 302 Definitions
- 303 General powers of investigation continue to apply to failure to comply with duties before the commencement day
- 304 Notice to registered liquidators concerning information and books—requirements before the commencement day
- 305 ASIC may give information and books relating to pre-commencement activity
- 306 Information to be included in ASIC’s annual report
- 307 Appointments to the Companies Auditors Disciplinary Board
Part 23—Application provision relating to the Treasury Laws Amendment (2017 Measures No. 1) Act 2017
- 302 Application
Part 26—Transitional provisions relating to the Treasury Laws Amendment (ASIC Governance) Act 2018
- 315 Saving of appointments
Part 26—Application provisions relating to the Treasury Laws Amendment (Australian Consumer Law Review) Act 2018
- 315 Application—listed public companies
- 316 Application—power to obtain information, documents and evidence in relation to unfair contract terms
- 317 Application—consumer protection
- 318 Application—financial products
Endnotes
- Endnote 1—About the endnotes
- Endnote 2—Abbreviation key
- Endnote 3—Legislation history
- Endnote 4—Amendment history

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