Note about numbering
These Regulations are made under the Australian Securities and Investments Commission Act 2001. To assist users of these Regulations, the structure and numbering of these Regulations follow, as far as possible, the pattern of the Australian Securities and Investments Commission Regulations 1990 that were made under the Australian Securities and Investments Commission Act 1989. Some gaps in the numbering of these Regulations appear because there were gaps in the numbering of the Australian Securities and Investments Commission Regulations 1990. In addition, a commencement provision that was not in the Australian Securities and Investments Commission Regulations 1990 is included in these Regulations.
Part 1—Preliminary
1 Name of Regulations
These Regulations are the Australian Securities and Investments Commission Regulations 2001.
1A Commencement
These Regulations commence on the same day as the Australian Securities and Investments Commission Act 2001.
2 Definitions
In these Regulations, unless the contrary intention appears:
Act means the Australian Securities and Investments Commission Act 2001.
Form means a form set out in Schedule 1.
2A Territorial application of Act
(1) For subsection 4(2) of the Act, the Act applies in each external Territory in accordance with this regulation.
(2) For the Territory of Christmas Island and the Territory of Cocos (Keeling) Islands:
(a) Division 2 of Part 2 of the Act applies in relation to:
(i) a financial product; and
(ii) a financial service; and
(b) the remainder of the Act applies in relation to:
(i) a superannuation product within the meaning of section 761A of the Corporations Act; and
(ii) an RSA product within the meaning of section 761A of the Corporations Act; and
(iii) a financial service that relates to a superannuation product within the meaning of section 761A of the Corporations Act; and
(iv) a financial service that relates to an RSA product within the meaning of section 761A of the Corporations Act.
(3) For an external Territory other than the Territory of Christmas Island and the Territory of Cocos (Keeling) Islands, the Act applies in relation to:
(a) a superannuation product within the meaning of section 761A of the Corporations Act; and
(b) an RSA product within the meaning of section 761A of the Corporations Act; and
(c) a financial service that relates to a superannuation product within the meaning of section 761A of the Corporations Act; and
(d) a financial service that relates to an RSA product within the meaning of section 761A of the Corporations Act.
2AC Professional accounting bodies
For the definition of professional accounting body in subsection 5(1) of the Act, the following bodies are prescribed:
(a) CPA Australia;
(b) The Institute of Chartered Accountants in Australia;
(c) National Institute of Accountants.
2B Financial products: credit facility
(1) For paragraph 12BAA(7)(k) of the Act, each of the following is a credit facility:
(a) the provision of credit:
(i) for any period; and
(ii) with or without prior agreement between the credit provider and the debtor; and
(iii) whether or not both credit and debit facilities are available;
(b) a facility:
(i) known as a bill facility; and
(ii) under which a credit provider provides credit by accepting, drawing, discounting or indorsing a bill of exchange or promissory note;
(c) the provision of credit by a pawnbroker in the ordinary course of a pawnbroker’s business (being a business which is being lawfully conducted by the pawnbroker);
(d) the provision of credit by the trustee of the estate of a deceased person by way of an advance to a beneficiary or prospective beneficiary of the estate;
(e) the provision of credit by an employer, or a related body corporate of an employer, to an employee or former employee (whether or not it is provided to the employee or former employee with another person);
(f) the provision of a mortgage that secures obligations under a credit contract (other than a lien or charge arising by operation of any law or by custom);
(g) a guarantee related to a mortgage mentioned in paragraph (f);
(h) a guarantee of obligations under a credit contract;
(i) a facility for making non‑cash payments (within the meaning of section 763D of the Corporations Act) if payments made using the facility will all be debited to a facility mentioned in paragraphs (a) to (h).
(2) The provision of consumer credit insurance that includes a contract of general insurance for the Insurance Contracts Act 1984 is not a credit facility.
(3) In this regulation:
credit means a contract, arrangement or understanding:
(a) under which:
(i) payment of a debt owed by one person (a debtor) to another person (a credit provider) is deferred; or
(ii) one person (a debtor) incurs a deferred debt to another person (a credit provider); and
(b) including any of the following:
(i) any form of financial accommodation;
(ii) a hire purchase agreement;
(iii) credit provided for the purchase of goods or services;
(iv) a contract, arrangement or understanding for the hire, lease or rental of goods or services, other than a contract, arrangement or understanding under which:
(A) full payment is made before or when the goods or services are provided; and
(B) for the hire, lease or rental of goods—an amount at least equal to the value of the goods is paid as a deposit in relation to the return of the goods;
(v) an article known as a credit card or charge card;
(vi) an article, other than a credit card or a charge card, intended to be used to obtain cash, goods or services;
(vii) an article, other than a credit card or a charge card, commonly issued to customers or prospective customers by persons who carry on business for the purpose of obtaining goods or services from those persons by way of a loan;
(viii) a liability in respect of redeemable preference shares;
(ix) a financial benefit arising from or as a result of a loan;
(x) assistance in obtaining a financial benefit arising from or as a result of a loan;
(xi) issuing, indorsing or otherwise dealing in a promissory note;
(xii) drawing, accepting, indorsing or otherwise dealing in a negotiable instrument (including a bill of exchange);
(xiii) granting or taking a lease over real or personal property;
(xiv) a letter of credit.
2C Meaning of financial service—off‑market offers for financial products
(1) For paragraph 12BAB(1)(h) of the Act, a person (person 1) provides a financial service if:
(a) person 1 makes an unsolicited offer to purchase a financial product from another person (person 2) other than through a licensed financial market; and
(b) person 2 acquired the financial product as a retail client.
(2) For paragraph 12BAB(2)(b) of the Act, a person to whom subregulation (1) applies (as person 1) is taken not to provide a financial service if person 1 tells person 2, in a clear and concise written statement that is part of the offer:
(a) either:
(i) the market value of each financial product and the total market value of all financial products covered by the offer, as at the date that the offer is issued, and the date and time that each value is determined; or
(ii) if information about the market value of a financial product is not available on the day of issue:
(A) a fair estimate of the value of the product as at the date that the offer is issued; and
(B) the method by which the estimate was reached; and
(b) that the offer remains open for a period that is:
(i) at least 1 month; and
(ii) not more than 12 months;
unless the offer is withdrawn in writing before the end of that period.
(3) For subregulation (2), the market value or estimated value of a financial product must be expressed in Australian dollars.
Part 2—General
3 Prescribed agencies (Act s 18(2)(d))
For paragraph 18(2)(d) of the Act, each of the following agencies is prescribed:
(a) the Australian Competition and Consumer Commission;
(b) the Australian Prudential Regulation Authority;
(c) the Australian Taxation Office;
(d) the Australian Transaction Reports and Analysis Centre;
(e) an authority of a State or Territory having functions and powers similar to those of the Director of Public Prosecutions;
(f) the police force or service of each State and the Northern Territory;
(g) the Department of Fair Trading of New South Wales;
(h) the Office of Fair Trading and Business Affairs of Victoria;
(i) the Office of Consumer Affairs of Queensland;
(j) the Department of Consumer and Employment Protection of Western Australia;
(k) the Office of Consumer and Business Affairs of South Australia;
(l) the Office of Consumer Affairs and Fair Trading of Tasmania;
(m) the Consumer Affairs Bureau of the Australian Capital Territory;
(n) the Fair Trading Group of the Northern Territory.
4 Form of notice requiring assistance and appearance for examination
For subsection 19(2) of the Act, Form 1 is prescribed.
5 Notice to produce books
A notice under section 30, subsection 31(1) or section 32A or 33 of the Act to produce books must be in accordance with Form 2.
6 Evidence of authority
If:
(a) a member or staff member produces a document issued by the Commission; and
(b) the document states that the person is authorised by the Commission under section 34 of the Act;
the document is evidence of:
(c) the authority of the person to require other persons to produce books under subsection 34(2) of the Act; and
(d) any limitation on that authority that is specified in the document under that subsection.
7 Summons to witnesses to appear before Commission
For subsection 58(1) of the Act, Form 3 is prescribed.
8 Allowances and expenses payable to examinees and witnesses
For subsections 89(1) and (2) of the Act, a person who appears:
(a) for examination under section 19 of the Act; or
(b) in accordance with a summons issued under section 58 of the Act;
is entitled to be paid allowances and expenses in accordance with Schedule 2.
8A Commission may disclose confidential information to certain bodies corporate
The bodies corporate listed in Schedule 3 are specified for subsection 127(4C) of the Act.
11 Summons to witnesses to appear before Disciplinary Board
If a person is summoned under subsection 217(1) of the Act, the summons must be in accordance with Form 3.
12 Allowances and expenses payable for attendance at hearings of Disciplinary Board
For subsection 218(4) of the Act, a person who attends at a hearing in accordance with a summons issued under subsection 217(1) of the Act is entitled to be paid allowances and expenses in accordance with Schedule 2.
Part 3—Panel Procedures
Division 1—Preliminary
13 Objects of this Part
The objects of this Part are to ensure that Panel proceedings are:
(a) as fair and reasonable; and
(b) conducted with as little formality; and
(c) conducted in as timely manner;
as the requirements of this Part and the corporations legislation (other than the excluded provisions), and a proper consideration of the matters before the Panel, permit.
14 Application of this Part
This Part applies to Panel proceedings in addition to the requirements of the corporations legislation (other than the excluded provisions) that applies to the proceedings.
15 Definitions for Part 3
In this Part:
application means an application under section 656A, 657C or 657EA of the Corporations Act 2001.
brief, in relation to Panel proceedings, means the brief for the proceedings that is mentioned in paragraph 20(b).
business day, in relation to a place, means any day except:
(a) a Saturday or a Sunday; or
(b) a day that is a public holiday or an Australian Public Service holiday in that place.
party means a party to Panel proceedings.
submission means a submission lodged with the Panel under a provision of this Part.
16 Powers of Panel
(1) In addition to any other provision of this Part, the Panel may:
(a) direct that 2 or more related matters are to be considered in Panel proceedings; and
(b) identify the issues to be considered by the Panel in its proceedings; and
(c) give directions to a person about:
(i) the manner in which a matter may be presented, either orally or in writing, to the Panel; and
(ii) the duration of the time in which the person may address the Panel or give evidence in Panel proceedings; and
(d) give directions to parties to lodge with the Panel specified documents relating to Panel proceedings; and
(e) give directions to persons about the time at or before which documents must be lodged with the Panel; and
(f) extend the time at or before which documents must be lodged with the Panel; and
(g) invite a person who is not a party to make a submission in relation to Panel proceedings; and
(h) permit a person to amend or withdraw information or evidence given to, or a document lodged with, the Panel for the purposes of Panel proceedings; and
(i) direct that Panel proceedings be suspended for a period determined by the Panel; and
(j) direct that Panel proceedings be deferred until a day determined by the Panel.
(2) In the performance of its functions and the exercise of its powers in relation to Panel proceedings, the Panel:
(a) is not bound by the rules of evidence; and
(b) must consider all relevant information contained in:
(i) a submission that is lodged with the Panel; and
(ii) other evidence that is given to the Panel; and
(c) must act:
(i) as fairly and reasonably; and
(ii) with as little formality; and
(iii) having regard to the time available before the decision must be made, in as timely a manner;
as the requirements of this Part, and the corporations legislation (other than the excluded provisions), and a proper consideration of the matters before the Panel permit.
Division 2—Applications
18 Reference of matters to the Commission by the Panel
(1) The Panel may refer a matter to the Commission for the Commission to consider with a view to making an application.
(2) If the Panel refers a matter to the Commission, the reference must be made:
(a) in writing; and
(b) in sufficient detail to allow the Commission to make a decision about the matter.
19 Making of applications
An application to the Panel must be in the form approved by the Panel.
20 Consideration of applications
As soon as practicable after receiving an application, the Panel must:
(a) decide whether to conduct proceedings in relation to the application; and
(b) if the Panel decides to conduct proceedings—prepare a brief setting out:
(i) a general description of the matters to be examined in the Panel proceedings; and
(ii) the issues to be addressed in submissions for the proceedings.
Division 3—Decisions to conduct proceedings
21 Notice of decision
(1) If the Panel decides, under regulation 20, to conduct proceedings, the Panel must, as soon as practicable after making the decision, notify the decision to:
(a) the Commission; and
(b) each company to which, or person to whom, the relevant application relates.
(2) If the Panel decides, under regulation 20, not to conduct proceedings, the Panel must, as soon as practicable after making the decision:
(a) notify the decision to the Commission; and
(b) notify the decision to each company and person to whom the relevant application relates; and
(c) include in each notice the reasons for the decision.
22 Decision to hold inquiry
(1) If the Panel decides to conduct proceedings, it must, after receiving the application:
(a) give a copy of the brief for the proceedings to:
(i) the Commission; and
(ii) to each company to which, or person to whom, the application relates; and
(b) invite each body or person mentioned in paragraph (a) to lodge with the Panel a written submission addressing the issues identified in the brief.
(2) If the Panel decides to conduct proceedings it may give written notice of the decision to any other body or person.
(3) The Panel must:
(a) give a copy of the brief to the body or person; and
(b) invite the body or person to lodge with the Panel a written submission addressing the issues identified in the brief that are specified in the invitation.
Division 4—Submissions
23 Expressions of interest by non‑parties
(1) The Panel may give notice to a person, or to the public at large, of a decision by the Panel to conduct proceedings.
(2) A notice must include a description of the nature of the proceedings.
(3) A notice may invite a person who is not a party to the proceedings to give, within a time allowed by the Panel, a written expression of interest in the proceedings:
(a) stating the nature of the interest of the person in the proceedings; and
(b) setting out the reasons why the Panel should consider a written submission of the person in relation to the proceedings.
(4) The Panel may, by written notice to the person, vary the period mentioned in subregulation (3).
24 Panel may accept submissions from persons expressing interest
(1) As soon as practicable after the Panel receives the expression of interest of a person, the Panel must acknowledge the receipt in writing.
(2) If the Panel decides to consider the written submission of a person in the proceedings, the Panel must give to the person a copy of the brief for the proceedings.
(3) The Panel must invite the person to lodge with the Panel a written submission addressing the issues identified in the brief.
(4) If the Panel decides not to consider any written submission of the person in the proceedings, the Panel must inform the person of the decision and of the reasons for the decision.
25 Submissions
A submission made by a person to proceedings of the Panel must:
(a) be in the form approved by the Panel; and
(b) if the Panel has given to the person a copy of the brief and invited the person to comment on an issue identified in the brief, address that issue.
26 Disregard of certain submissions
(1) The Panel may disregard any matter in a submission that:
(a) is not in accordance with regulation 25; or
(b) is frivolous or vexatious.
(2) The Panel must disregard any matter in a submission that is not relevant to the proceedings.
27 Abuse of Panel procedures to be noted
If a matter in a written submission made to the Panel is frivolous or vexatious, the Panel must place on the submission a note stating:
(a) that the Panel has disregarded the matter in accordance with paragraph 26(1)(b); and
(b) the reasons why the Panel believes the matter to be frivolous or vexatious.
28 Lodgment and distribution of submissions
(1) A submission for Panel proceedings must be lodged with the Panel within the time allowed by the Panel.
(2) As soon as practicable after the Panel receives a submission, the Panel must give a copy of the submission to each party.
(3) A party who receives a copy of a submission relating to an application (the first submission) may lodge with the Panel no more than 1 submission that:
(a) rebuts a matter, or matters, in the first submission; and
(b) does not include material that is not necessary to support the rebuttal.
(5) A submission lodged with the Panel is taken not to include any additional material that is not lodged at the same time as the submission.
30 Panel may invite further submissions
(1) At any time during Panel proceedings, the Panel may request a party to lodge with the Panel a submission that addresses a matter specified in the request.
(2) The Panel may give a copy of the submission to each party.
(3) The Panel may direct a party who receives a copy of a submission (the first submission) to lodge, at or before a time specified in writing by the Panel, with the Panel not more than 1 submission that:
(a) rebuts a matter, or matters, in the first submission; and
(b) does not include material that is not necessary to support the rebuttal.
34 Submissions that are not lodged in time
If a person does not lodge a document with the Panel by the time of lodgment specified in this Part for the document, the Panel may continue with the proceedings without regard to the document.
Division 5—Conferences
35 Purpose of conferences
(1) The Panel may conduct a conference during Panel proceedings to:
(a) clarify matters arising from documents in the possession of the Panel relating to the proceedings; or
(b) resolve inconsistent statements:
(i) in documents in the possession of the Panel relating to the proceedings; or
(ii) made orally to the Panel; or
(c) otherwise inform itself on matters relating to the proceedings.
(2) For the purposes of these Regulations, a conference is taken to be part of Panel proceedings.
37 Conduct of conferences
(1) The President may convene a conference.
(2) The President:
(a) must determine the place where, and the time when, a conference is to convene; and
(b) must give written notice of that time and place to each party.
38 Procedures at conferences
(1) As soon as practicable before a conference, the Panel must give to a person who may attend the conference a statement setting out:
(a) the matters which the Panel proposes to raise at the conference; and
(b) any other matter of which the Panel wishes the person to be aware for the purposes of the conference.
(2) At a conference with a person, the Panel is not obliged to consider matters that are not set out in the statement given to the person before the conference.
(3) The Panel must make and retain a transcript of the proceedings of a conference.
(4) If a person who may attend a conference does not attend:
(a) the Panel may conduct the conference in the absence of the person; and
(b) the person may, before the day on which the conference begins, lodge with the Panel any written submission that addresses the matters set out in the statement mentioned in subregulation (1); and
(c) the Panel must consider the submission in the proceedings.
39 Addresses to the Panel at conferences
(1) A person who attends a conference may address the Panel.
(2) Subject to subregulation (3), the address of a person to the Panel must only deal with matters set out in the statement given by the Panel under subregulation 38(1) for the purposes of the conference.
(3) If the Panel invites a person at a conference to address the Panel on a matter, the person may address the Panel on the matter at the conference.
40 Witnesses
(1) At a conference, a person must not ask a witness about a matter unless it is a matter on which the person may address the Panel in accordance with regulation 39.
(2) A witness must not make a statement on a matter at a conference unless it is a matter on which the witness, or the person who called the witness to give evidence, may address the Panel in accordance with regulation 39.
41 Misbehaviour at conferences
The Panel may exclude from a conference a person whose behaviour has a disruptive effect on the conference.
Division 6—Other matters
42 Summons to witnesses by the Panel
For subsection 192(1) of the Act (which provides for the summons of a person by the Panel), Form 3 is prescribed.
43 Allowances and expenses payable for attendances
For subsection 192(6) of the Act (which provides for allowances and expenses to be paid in relation to Panel proceedings), a person who appears at Panel proceedings in response to a summons issued under section 192 of the Act is entitled to be paid allowances and expenses in accordance with Schedule 2.
Part 4—Repeal of old ASIC Regulations
44 Repeal of the Australian Securities and Investments Commissions Regulations 1990
The following Statutory Rules are repealed:
1990 No. 454
1993 No. 208
1994 Nos. 301 and 443
1998 No. 294
1999 No. 190
2000 No. 10.
Note: The Australian Securities and Investments Commission Regulations 1990 were made under Australian Securities and Investments Commission Act 1989 but are continued in effect by section 264 of the Act.
Part 5—Clearing and settlement facilities
45 Meaning of clearing and settlement facility
For paragraph 12BAB(17)(b) of the Act, the following obligations are prescribed:
(a) each obligation arising from a contract to transfer a financial product mentioned in paragraph 764A(1)(a) of the Corporations Act;
(b) each obligation arising from a contract to transfer a financial product mentioned in paragraph 764A(1)(b) of the Corporations Act;
(c) each obligation arising from acquiring or providing a financial product mentioned in paragraph 764A(1)(c) of the Corporations Act;
(d) each obligation arising from a contract to transfer a financial product mentioned in paragraph 764A(1)(j) of the Corporations Act;
(e) each obligation arising from a contract to transfer a financial product mentioned in paragraph 764A(1)(ba) of the Corporations Act.
46 Conduct that does not constitute operating a clearing and settlement facility
(2) For paragraph 12BAB(18)(i) of the Act, the conduct of:
(a) the Stock Exchange of Newcastle Limited, or an agent of that body; or
(b) a participant of the Stock Exchange of Newcastle Limited, or an agent of the participant; or
(c) Bendigo Stock Exchange Limited, or an agent of that body; or
(d) a participant of the Bendigo Stock Exchange Limited, or an agent of the participant;
in operating a facility in accordance with the operating rules of a licensed market does not constitute operating a clearing and settlement facility if the requirements of subregulation (3) are met.
(3) For subregulation (2), the requirements are:
(a) the market licensee must have, and must be responsible for enforcing, operating rules that apply to a participant of the licensed market in relation to the participant’s obligations arising from transactions carried out on the licensed market; and
(b) a participant mentioned in paragraph (a), or an agent of the participant, must be responsible for fulfilling the obligations owed to another participant or agent arising from transactions carried out on the licensed market; and
(c) the market licensee is not the operator of any other clearing and settlement facility; and
(d) each participant of the licensed market is not the operator of any other clearing and settlement facility; and
(e) each agent of a participant of the licensed market is not the operator of any other clearing and settlement facility.
47 Financial transaction reports
For paragraph 243D(j) of the Act, neither subsection 16(5A) nor (5AA) of the Financial Transaction Reports Act 1988 prohibits a cash dealer from communicating or disclosing a fact or information referred to in either of those subsections:
(a) to a body corporate approved under section 770 of the Corporations Act as an approved securities organisation; or
(b) in accordance with conditions imposed by the Minister when approving under section 770A of the Corporations Act a stock market for electronic trading of interests in a registered scheme; or
(c) in accordance with conditions imposed by the Minister when declaring a specified stock market to be an exempt stock market under section 771 of the Corporations Act; or
(d) in accordance with conditions imposed by the Minister when declaring a specified futures market to be an exempt futures market under section 1127 of the Corporations Act.
Note: Although sections 770, 770A, 771 and 1127 of the Corporations Act were repealed by the Financial Services Reform Act 2001, the sections are still relevant for specific purposes in the period of 2 years after the commencement of the Financial Services Reform Act.
Schedule 1—Forms
(regulation 2)
Form 1—Notice requiring appearance at an examination or reasonable assistance in connection with an investigation
(regulation 4)
Australian Securities and Investment Commission Regulations 2001
Australian Securities and Investments Commission
NOTICE REQUIRING APPEARANCE AT AN EXAMINATION OR REASONABLE ASSISTANCE IN CONNECTION WITH AN INVESTIGATION
To: 1
In relation to an investigation of 2
you are notified that under subsection 19(2) of the Australian Securities and Investments Commission Act 2001 (‘the Act’) you are required:
(a) to appear at 3 on
4 at
5 before 6
for examination on oath or affirmation and to answer questions put to you in relation to the investigation; and
(b) to give the Australian Securities and Investments Commission all reasonable assistance in connection with the investigation.
Please note the provisions of subsection 23(1) of the Act (relating to legal representation) and section 68 of the Act (relating to self‑incrimination). The effect of those provisions is set out at the end of this form.
Dated 4.
Signature of person authorised
by the Commission to conduct the
examination:
NOTICE OF RELEVANT STATUTORY PROVISIONS
1. Subsection 23(1) of the Act provides that a person who is required to submit to an examination is entitled to have his or her lawyer attend the examination. It also provides that the person’s lawyer may address the inspector or ask the person questions about matters raised with the person by the inspector.
2. (1) You must not fail to comply with this notice without reasonable excuse (see subsection 63(1) of the Act).
(2) It is not a reasonable excuse for failure to comply with this notice that giving information or signing a record or producing a book might tend to incriminate you or expose you to a penalty (see subsection 68(1) of the Act).
(3) However, if:
(a) before making an oral statement or signing a record in answer to this notice you claim that making the statement or signing the record might tend to incriminate you or expose you to a penalty; and
(b) making the statement or signing the record might in fact tend to incriminate you or expose you to a penalty;
the statement, or the fact that you have signed the record, is not admissible in evidence in any criminal proceedings, or proceedings for the imposition of a penalty, against you other than proceedings in respect of the falsity of the statement or the record.
(4) The right to make a claim of this kind is not available to a body corporate (see subsections 68(2) and (3) of the Act).
1 insert full name and address of the person to whom the notice is to be given
2 insert the nature of the matter to which the investigation relates
3 insert time of day
4 insert date
5 insert full particulars of the address of the place at which the requirement is to be satisfied
6 insert full name of the person conducting the examination
Form 2—Notice requiring the production of books
(regulation 5)
Australian Securities and Investment Commission Regulations 2001
Australian Securities and Investments Commission
NOTICE REQUIRING THE PRODUCTION OF BOOKS
To: 1
In relation to 2
you are notified that, under section 303/subsection 31(1)3/section 32A3/section 333 of the Australian Securities and Investments Commission Act 2001 you are required to produce to
4 at 5
on 6 at 7
the following books:
8
Dated 6.
Signature of the person requiring
the production of books:
1 insert full name and address of the person to whom the notice is to be given
2 insert the nature of the matter to which the request for production of books relates
3 strike out or delete if inapplicable
4 insert the full name of the person to whom the books are to be produced
5 insert time of day
6 insert date
7 insert full particulars of the address of the place at which the books are to be produced
8 insert description(s) of the books that are to be produced
Form 3—Summons to witness
(regulations 7, 11 and 42)
Australian Securities and Investment Commission Regulations 2001
Australian Securities and Investments Commission
SUMMONS TO WITNESS
In the matter of 1
To: 2
at 4you are summoned to appear before the Australian Securities and Investments Commission3/Takeovers Panel3/Companies Auditors and Liquidators Disciplinary Board3
on 5
at 6 and thereafter to attend from day to day until the hearing in this matter is completed or you are excused or released from further attendance by a member of the Commission3/Panel3/Board3.
3You are required to produce the following document(s) at the hearing:
7
Dated 4.
Signature of person authorised by
the Commission3/Panel3/Board3 to issue summons:
1 insert description of matter
2 insert full name and address of the person to be summoned to appear
3 strike out or delete if inapplicable
4 insert time of day
5 insert date
6 insert full particulars of the address of the place where the hearing is to be held
7 insert description(s) of the documents that are to be produced at the hearing
Schedule 2—Witnesses fees and allowances for expenses
(regulations 8, 12 and 43)
1. A person summoned to appear as a witness, because of his or her professional, scientific or other special skill or knowledge, before the Commission, the Panel or the Board must be paid:
(a) if the person is remunerated in his or her occupation by wages, salary or fees—an amount equal to the amount of wages, salary or fees not paid to the person because of his or her attendance for that purpose; and
(b) in any other case—an amount of not less than $81, or more than $407, for each day on which he or she so attends.
2. A person summoned to appear as a witness, other than a witness referred to in item 1, before the Commission, the Panel or the Board must be paid:
(a) if the person is remunerated in his or her occupation by wages, salary or fees—an amount equal to the amount of wages, salary or fees not paid to the person because of his or her attendance for that purpose; and
(b) in any other case—an amount of not less than $46, or more than $76, for each day on which he or she so attends.
3. A person summoned to appear as a witness before the Commission, the Panel or the Board must be paid a reasonable amount for allowances for:
(a) transport between the usual place of residence of the person and the place that he or she attends for that purpose; and
(b) if he or she is required to be absent overnight from his or her usual place of residence—meals and accommodation during the absence.
Schedule 3—Bodies corporate to which information may be disclosed
(regulation 8A)
Part 1—Australian bodies corporate
Item | Body Corporate |
1 | ASX Settlement and Transfer Corporation Pty Limited |
2 | Austraclear Limited |
3 | Australian Clearing House Pty Limited |
4 | Australian Stock Exchange Limited |
5 | Australia Pacific Exchange Limited |
6 | Bendigo Stock Exchange Ltd |
7 | Golden Circle Limited |
8 | ICAP Brokers Pty Limited |
9 | IMB Ltd |
10 | SFE Clearing Corporation Pty Ltd |
11 | Stock Exchange of Newcastle Limited |
12 | Sydney Futures Exchange Limited |
13 | Yieldbroker Pty Limited |
Part 2—Foreign bodies corporate
Item | Body | Location |
1 | American Stock Exchange Inc (also known as ‘AMEX’) | United States of America |
2 | Amsterdam Exchanges NV (also known as ‘AEX’) | The Netherlands |
3 | Athens Stock Exchange | Greece |
4 | Austrian Futures and Options Exchange (also known as ‘OTOB’) | Austria |
5 | Belgium Futures and Options Exchange (also known as ‘BELFOX’) | Belgium |
6 | Bolsa de Barcelona | Spain |
7 | Bolsa de Comercio de Buenos Aires | Argentina |
8 | Bolsa de Comercio de Santiago | Chile |
9 | Bolsa de Derivados do Porto | Portugal |
10 | Bolsa de Madrid | Spain |
11 | Bolsa de Mercadorias & Futuros | Brazil |
12 | Bolsa de Valores de Lima | Peru |
13 | Bolsa de Valores de Lima e Porto | Portugal |
14 | Bolsa de Valores de Rio de Janeiro | Brazil |
15 | Bolsa de Valores do São Paolo (also known as ‘BOVESPA’) | Brazil |
16 | Bolsa Mexicana de Valores | Mexico |
17 | Bourse de Montréal | Canada |
18 | Brussels Exchange (also known as ‘BXS’) | Belgium |
19 | Canadian Venture Exchange (also known as ‘CDNX’) | Canada |
20 | Chicago Board of Trade (also known as ‘CBOT’) | United States of America |
21 | Chicago Board Options Exchange | United States of America |
22 | Chicago Mercantile Exchange Inc (also known as ‘CME’) | United States of America |
23 | Chicago Stock Exchange | United States of America |
24 | Coffee, Sugar and Cocoa Exchange Inc (also known as ‘CSCE’) | United States of America |
25 | Commodity Exchange Inc (also known as ‘COMEX’) | United States of America |
26 | Copenhagen Stock Exchange | Denmark |
27 | Deutsche Börse AG | Germany |
27A | EBS Service Company Limited | Switzerland |
27B | Eurex Frankfurt AG | Germany |
28 | Eurex Zurich AG | Germany and Switzerland |
29 | Financiele Termijnmarket Amsterdam NV | The Netherlands |
30 | Helsinki Exchanges (also known as ‘HEX’) | Finland |
31 | Hong Kong Futures Exchange Ltd (also known as ‘HKFE’) | Hong Kong |
31A | ICAP Europe Limited | United Kingdom |
32 | Irish Stock Exchange | Republic of Ireland |
33 | Istanbul Stock Exchange | Turkey |
34 | Italian Futures Exchange (also known as ‘MIF’) | Italy |
35 | Italian Stock Exchange | Italy |
36 | Jakarta Stock Exchange | Indonesia |
37 | Johannesburg Stock Exchange | South Africa |
38 | Kansas City Board of Trade | United States of America |
39 | Korea Stock Exchange | South Korea |
40 | Kuala Lumpur Commodity Exchange (also known as ‘KLCE’) | Malaysia |
41 | Kuala Lumpur Options and Financial Futures Exchange | Malaysia |
42 | Kuala Lumpur Stock Exchange | Malaysia |
43 | London International Financial Futures Exchange Ltd | United Kingdom |
44 | London Securities and Derivatives Exchange | United Kingdom |
45 | London Stock Exchange | United Kingdom |
46 | Marche a Terme International de France (also known as ‘MATIF’) | France |
47 | Marche des Options Negotiable de Paris (also known as ‘MOTEP’) | France |
47A | Market Regulation Services Inc. | Canada |
48 | Mid American Commodity Exchange | United States of America |
49 | NASDAQ Stock Market (also known as ‘NASDAQ’) | United States of America |
50 | New York Futures Exchange | United States of America |
50A | New York Mercantile Exchange Inc (also known as ‘NYMEX’) | United States of America |
51 | New York Stock Exchange Inc (also known as ‘NYSE’) | United States of America |
52 | New Zealand Futures & Options Exchange Ltd (also known as ‘NZFOE’) | New Zealand |
53 | New Zealand Stock Exchange | New Zealand |
54 | OM Stockholm Exchange AB (also known as ‘OMS’) | Sweden |
55 | Osaka Securities Exchange (also known as ‘OSE’) | Japan |
56 | Oslo Stock Exchange (also known as ‘OLSO’) | Norway |
57 | Paris Bourse SBF SA | France |
58 | Philippines Stock Exchange | The Philippines |
59 | Port Moresby Stock Exchange | Papua New Guinea |
59A | Reuters Transaction Services Limited | United Kingdom |
60 | Shanghai Stock Exchange | Peoples’ Republic of China |
61 | Shenzen Stock Exchange | Peoples’ Republic of China |
62 | Singapore Exchange Ltd (also known as ‘SGX’) | Singapore |
63 | Société de la Bourse de Luxembourg SA | Luxembourg |
64 | South African Futures Exchange (also known as ‘SAFEX’) | South Africa |
65 | Spanish Financial Derivatives Exchange (also known as ‘MEFF’) | Spain |
66 | Suva Stock Exchange | Fiji |
67 | Swiss Exchange (also known as ‘SWX’) | Switzerland |
68 | Taiwan Stock Exchange | Taiwan |
69 | Tel Aviv Stock Exchange | Israel |
70 | The Stock Exchange of Thailand | Thailand |
71 | Tokyo International Futures Exchange (also known as ‘TIFFE’) | Japan |
72 | Tokyo Stock Exchange (also known as ‘TSE’) | Japan |
73 | Toronto Futures Exchange (also known as ‘TFE’) | Canada |
74 | Toronto Stock Exchange (also known as ‘TSE’) | Canada |
75 | Warsaw Stock Exchange | Poland |
76 | Wiener Börse AG | Austria |
