Federal Register of Legislation - Australian Government

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SLI 2013 No. 192 Regulations as made
This regulation amends the Australian Securities and Investments Commission Regulations 2001 and Corporations Regulations 2001 to facilitate the efficient operation of the Takeovers Panel.
Administered by: Treasury
Made 25 Jul 2013
Registered 25 Jul 2013
Tabled HR 12 Nov 2013
Tabled Senate 12 Nov 2013
Date of repeal 27 Jul 2013
Repealed by Division 1 of Part 5A of the
Table of contents.

Commonwealth Coat of Arms

 

 

Corporations and Australian Securities and Investments Commission Amendment Regulation 2013 (No. 1)

 

Select Legislative Instrument No. 192, 2013

I, Quentin Bryce AC CVO, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation under the Australian Securities and Investments Commission Act 2001 and the Corporations Act 2001.

Dated 25 July 2013

Quentin Bryce

Governor‑General

By Her Excellency’s Command

Bernie Ripoll

Parliamentary Secretary to the Treasurer

 

 

  

  


Contents

1............ Name of regulation.............................................................................. 1

2............ Commencement................................................................................... 1

3............ Authority............................................................................................. 1

4............ Schedule(s)......................................................................................... 1

Schedule 1—Amendments                                                                                                2

Australian Securities and Investments Commission Regulations 2001            2

Corporations Regulations 2001                                                                               5

 


1  Name of regulation

                   This regulation is the Corporations and Australian Securities and Investments Commission Amendment Regulation 2013 (No. 1).

2  Commencement

                   This regulation commences on the day after it is registered.

3  Authority

                   This regulation is made under:

                     (a)  the Australian Securities and Investments Commission Act 2001; and

                     (b)  the Corporations Act 2001.

4  Schedule(s)

                   Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1Amendments

  

Australian Securities and Investments Commission Regulations 2001

1  After regulation 8A

Insert:

8AAA  Annual reports

             (1)  For subsection 136(2A) of the Act, a report under subsection 136(1) of the Act for a financial year (the report year) must include the following information:

                     (a)  the number of times in the report year that ASIC used an information gathering power prescribed in subregulation (2) (a prescribed power);

                     (b)  for a particular use of a prescribed power in the report year—the provision of the Act, or another law, which conferred the prescribed power;

                     (c)  the number of times in the financial year before the report year that ASIC used an information gathering power that was a prescribed power for this regulation at the time the power was used.

             (2)  For subsection 136(2A) of the Act, each information gathering power set out in a provision of an Act mentioned in the following table is prescribed.

 

Information gathering powers

Item

Provisions in which powers appear

General description of provision (for information only)

1

Subsection 12GY(2) of the Act

Powers relating to substantiation of a claim

2

Section 19 of the Act

Powers relating to requiring a person to attend for examination

3

Section 30 of the Act

Powers relating to the production of books

4

Section 30A of the Act

Powers relating to requesting information

5

Section 31 of the Act

Powers relating to the production of books

6

Section 32A of the Act

Powers relating to the production of books

7

Section 33 of the Act

Powers relating to the production of books

8

Subsection 49(3) of the Act

Powers relating to requiring a person to give assistance

9

Section 58 of the Act

Powers relating to:

(a) summonsing a witness; and

(b) taking evidence

10

Section 601FF of the Corporations Act 2001

Powers relating to conducting surveillance on, or monitoring, a managed investment scheme

11

Section 601HD of the Corporations Act 2001

Powers relating to a request for information

12

Section 672A of the Corporations Act 2001

Powers relating to requiring the disclosure of interests

13

Section 672B of the Corporations Act 2001

Powers relating to requiring the disclosure of interests

14

Section 792D of the Corporations Act 2001

Powers relating to requiring a person to give assistance

15

Section 912C of the Corporations Act 2001

Powers relating to requiring a person to give assistance

16

Section 912E of the Corporations Act 2001

Powers relating to:

(a) requiring a person to give assistance; and

(b) requiring the disclosure of documents and information

17

Section 1317R of the Corporations Act 2001

Powers relating to requiring a person to give assistance

18

Section 3E of the Crimes Act 1914

Powers relating to search warrants

19

Subsection 10(2) of the Mutual Assistance in Business Regulation Act 1992

Powers relating to:

(a) requiring a person to give information; and

(b) requiring a person to give documents; and

(c) requiring a person to attend to give evidence and produce documents

20

Subsection 37(4) of the National Consumer Credit Protection Act 2009

Powers relating to requesting information

21

Subsection 49(1) of the National Consumer Credit Protection Act 2009

Powers relating to requesting information

22

Section 51 of the National Consumer Credit Protection Act 2009

Powers relating to requiring a person to give assistance

23

Section 253 of the National Consumer Credit Protection Act 2009

Powers relating to requiring a person to give assistance

24

Section 266 of the National Consumer Credit Protection Act 2009

Powers relating to the production of books

25

Section 267 of the National Consumer Credit Protection Act 2009

Powers relating to the production of books

26

Item 17 of Schedule 2 to the National Consumer Credit Protection Act 2009

Powers relating to requesting information

 

2  Paragraph 21(2)(b)

Omit “relates; and”, substitute “relates.”.

3  Paragraph 21(2)(c)

Repeal the paragraph.

4  At the end of subregulation 37(2)

Add:

             (3)  The President may permit a member of the Panel, a party to the proceedings or a person who may attend a conference to attend the conference by:

                     (a)  telephone; or

                     (b)  video conference; or

                     (c)  any other means of communication approved by the President.

             (4)  A conference for which permission has been given under subregulation (3) may be held at 2 or more places at the same time.

             (5)  A person mentioned in subregulation (3) who attends a conference in accordance with a permission under that subregulation is taken to be present at the place where, and the time when, the conference is convened, as determined by the President for paragraph (2)(a).

5  Subregulation 38(3)

Omit “must make”, substitute “may make”.

Corporations Regulations 2001

6  After subregulation 2M.3.03(3B)

Insert:

          (3C)  Items 17 to 24 of the table in subregulation (1) apply in relation to a directors’ report for a financial year commencing on or after 1 July 2013.