Ministerial Powers (ASIC) Delegations 2021

made under the Business Names Registration Act 2011, Corporations Act 2001, Life Insurance Act 1995, and the Mutual Assistance in Business Regulation Act 1992.

Compilation No. 1

Compilation date:         18 June 2022

Includes amendments up to:               Ministerial Powers (ASIC) Amendment Delegations 2022

Prepared by The Treasury

About this compilation

This compilation

This is a compilation of the Ministerial Powers (ASIC) Delegations 2021 that shows the text of the law as amended and in force on 18 June 2022 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Part 1—Preliminary                                                                                                      1

1  Name........................................................................................................................................ 1

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

5  Definitions................................................................................................................................ 1

Part 2—Delegations under the Business Names Registration Act                            2

6  Delegation of the Minister’s functions and powers.................................................................. 2

7  Direction to the delegate........................................................................................................... 2

Part 3—Delegations under the Corporations Act                                                      3

8  Delegation of the Minister’s powers under Chapter 7.............................................................. 3

9  Delegation of the Minister’s powers relating to names............................................................. 4

10  Directions to the delegate........................................................................................................ 5

Part 4—Delegations under the Mutual Assistance in Business Regulation Act       6

11  Delegation of the Minister’s powers and functions................................................................ 6

Part 5—Delegations under the Life Insurance Act 1995                                            7

12  Delegation of the Minister’s powers and functions................................................................ 7

Endnotes                                                                                                                         8

Endnote 1—About the endnotes                                                                               8

Endnote 2—Abbreviation key                                                                                   9

Endnote 3—Legislation history                                                                                10

Endnote 4—Amendment history                                                                             11

Part 1—Preliminary

1  Name

                   This instrument is the Ministerial Powers (ASIC) Delegations 2021.

3  Authority

                   This instrument is made under the following:

                     (a)  the Business Names Registration Act 2011; and

                     (b)  the Corporations Act 2001; and

                     (c)  the Life Insurance Act 1995; and

                     (c)  the Mutual Assistance in Business Regulation Act 1992.

5  Definitions

Note:       Paragraph 13(1)(b) of the Legislation Act 2003 has the effect that expressions have the same meaning in this instrument as in the Business Names Registration Act 2011, Corporations Act 2001 and Mutual Assistance in Business Regulation Act 1992 as appropriate and as in force from time to time.

                   In this instrument:

ASIC means the Australian Securities and Investments Commission.

ATO means the Australian Taxation Office.

member, in relation to ASIC, has the same meaning as in section 9 of the Australian Securities and Investments Commission Act 2001.

senior staff member has the same meaning as in the Australian Securities and Investments Commission Act 2001.

staff member has the same meaning as in the Australian Securities and Investments Commission Act 2001.

Part 2—Delegations under the Business Names Registration Act

6  Delegation of the Minister’s functions and powers

             (1)  Under subsection 80(1) of the Business Names Registration Act 2011, the Minister’s functions and powers under subsections 27(2), 28(2) and 32(3) of that Act are delegated to the persons holding, occupying or performing the duties of each of the following offices and positions in ASIC:

                     (a)  a member of ASIC;

                     (b)  a senior staff member who is:

                              (i)  an Executive Director;

                             (ii)  a Senior Executive Leader;

                            (iii)  a Senior Executive Specialist.

Note:          Subsections 27(2), 28(2) and 32(3) are prescribed by section 13 of the Business Names Registration Regulations 2011.

             (2)  Under subsection 80(1) of the Business Names Registration Act 2011, the Minister’s functions and powers under subsections 27(2), 28(2) and 32(3) of that Act are delegated to senior staff members holding, occupying or performing the duties of each of the following offices and positions in the ATO whose services are being made available to assist ASIC in connection with the performance or exercise of ASIC’s functions and powers:

                     (a)  the Deputy Registrar;

                     (b)  a Deputy Commissioner;

                     (c)  an Assistant Commissioner.

7  Direction to the delegate

                   For the purposes of subsection 80(2) of Business Names Registration Act 2011, a person delegated a function or power under section 6 of this instrument, must have regard to the Guidelines for Ministerial Consent to Business Names under the Business Names Registration Act 2011 (July 2015), as published on the ASIC website, when exercising the power or function.

Part 3—Delegations under the Corporations Act

8  Delegation of the Minister’s powers under Chapter 7

             (1)  Under subsection 1101J(1) of the Corporations Act 2001, each of the Minister’s powers under a provision of the Corporations Act 2001 specified in an item of the following table is delegated to the persons holding, occupying or performing the duties of each of the following offices and positions in ASIC:

                     (a)  a member of ASIC;

                     (b)  a senior staff member.

Note:       The description of a function or power in the table are to assist readers only. They are not intended to affect the interpretation nor limit the function or power referred to in the table.

9  Delegation of the Minister’s powers relating to names

             (1)  Under subsection 1345A(1A) of the Corporations Act 2001, the Minister’s functions or powers under subsections 147(2), 601DC(2) and 1213B(6) of that Act are delegated to the persons holding, occupying or performing the duties of each of the following offices and positions in ASIC:

                     (a)  a member of ASIC;

                     (b)  a senior staff member who is:

                              (i)  an Executive Director;

                             (ii)  a Senior Executive Leader;

                            (iii)  a Senior Executive Specialist.

             (2)  Under subsection 1345(1A) of the Corporation Act 2001, the Minister’s functions and powers under subsections 147(2), 601DC(2) and 1213B(6) of that Act are delegated to the senior staff members holding, occupying or performing the duties of each of the following offices and positions in the ATO whose services are being made available to assist ASIC in connection with the performance or exercise of ASIC’s functions and powers:

                     (a)  the Deputy Registrar;

                     (b)  a Deputy Commissioner;

                     (c)  an Assistant Commissioner.

             (3)  All previous delegations made under subsection 1345A(1A) of the Corporations Act 2001 are revoked.

10  Directions to the delegate

             (1)  A person delegated a function or power under section 8 of this instrument must have regard to the Guidelines for the Exercise of Powers Delegated to ASIC under Chapter 7 of the Corporations Act 2001 (April 2019), as published on the Department of the Treasury’s website, when exercising the power or function.

             (2)  For the purposes of subsection 1345A(2) of Corporations Act 2001, a person delegated a function or power under section 9 of this instrument must have regard to the Guidelines for Ministerial Consent to Body Corporate Names under the Corporations Act 2001 (January 2008), as published on the Department of the Treasury’s website, when exercising the power or function.

Part 4—Delegations under the Mutual Assistance in Business Regulation Act

11  Delegation of the Minister’s powers and functions

             (1)  Under subsection 22(2) of the Mutual Assistance in Business Regulation Act 1992, the Minister’s powers and functions under sections 7, 8 and 9 of that Act are delegated to the persons holding, occupying or performing the duties of each of the following offices and positions in ASIC:

                     (a)  a member of ASIC;

                     (b)  a Special Counsel in the Chief Legal Office;

                     (c)  the Senior Executive Leader, Misconduct and Breach Reporting (position number 15403);

                     (d) the Senior Executive Leader, Financial Services Enforcement, Office of Enforcement (position number 5412);

                     (e) the Senior Executive Leader, Market Supervision (position number 4644);

                      (f) the Senior Executive Leader, International (position number 4195).

Part 5—Delegations under the Life Insurance Act 1995

12  Delegation of the Minister’s powers and functions

                   Under subsection 216(14B) of the Life Insurance Act 1995, the Minister’s powers and functions under section 216 of that Act are delegated to the persons holding, occupying or performing the duties of each of the following offices and positions in ASIC:

                     (a)  a member of ASIC;

                     (b)  a staff member.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history. 

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history