ASIC Corporations (Relevant interests, ASIC and ASIC Chairperson) Instrument 2023/194
made under paragraphs 655A(1)(b), 669(1)(b) and 673(1)(b) of the
Corporations Act 2001
Compilation No. 1
Compilation date: 28/9/2023
Includes amendments up to: F2023L01309
About this compilation
This compilation
This is a compilation of the ASIC Corporations (Relevant interests, ASIC and ASIC Chairperson) Instrument 2023/194 that shows the text of the law as amended and in force on 28/9/2023 (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 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 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 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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
1 Name of legislative instrument
Part 1—Preliminary
1 Name of legislative instrument
This is the ASIC Corporations (Relevant interests, ASIC and ASIC Chairperson) Instrument 2023/194.
This instrument is made under paragraphs 655A(1)(b), 669(1)(b) and 573(1)(b) of Act.
In this instrument:
Act means the Corporations Act 2001.
5 Relevant interests, ASIC and ASIC Chairperson
(1) Chapters 6 and 6C of the Act applies to all persons as if section 609 of the Act were modified or varied by, after subsection (9C), inserting:
“ASIC
(9D) Subject to subsection (9E), ASIC does not have a relevant interest in securities.
(9E) ASIC may have a relevant interest in securities if:
(a) the securities are vested in, or held by, ASIC for and on behalf of the Commonwealth; or
(b) the securities are vested in, or held by, the Commonwealth on trust.
(9F) To avoid doubt, the Chairperson of ASIC does not have a relevant interest in securities merely because ASIC has a relevant interest in securities and the Chairperson holds that office.”.
(2) Chapters 6, 6A and 6C of the Act apply to all persons as if subsection 12(2) of the Act were modified or varied by, after “if, and only if,” inserting “neither of the persons is ASIC and”.
This instrument is repealed at the start of 1 April 2028.
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 how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.
ad = added or inserted | orig = original |
am = amended | par = paragraph(s)/subparagraph(s) |
amdt = amendment | /sub‑subparagraph(s) |
c = clause(s) | pres = present |
C[x] = Compilation No. x | prev = previous |
Ch = Chapter(s) | (prev…) = previously |
def = definition(s) | Pt = Part(s) |
Dict = Dictionary | r = regulation(s)/rule(s) |
disallowed = disallowed by Parliament | reloc = relocated |
Div = Division(s) | renum = renumbered |
exp = expires/expired or ceases/ceased to have | rep = repealed |
Effect | rs = repealed and substituted |
F = Federal Register of Legislation | s = section(s)/subsection(s) |
gaz = gazette | Sch = Schedule(s) |
LA = Legislation Act 2003 | Sdiv = Subdivision(s) |
LIA = Legislative Instruments Act 2003 | SLI = Select Legislative Instrument |
(md not incorp) = misdescribed amendment | SR = Statutory Rules |
cannot be given effect | Sub‑Ch = Sub‑Chapter(s) |
mod = modified/modification | SubPt = Subpart(s) |
No. = Number(s) | underlining = whole or part not |
o = order(s) | commenced or to be commenced |
Ord = Ordinance |
|
Name | Registration | Commencement | Application, saving and transitional provisions |
ASIC Corporations (Relevant interests, ASIC and ASIC Chairperson) Instrument 2023/194 | 20/03/2023 (see F2023L00281) | 21 March 2023 | - |
ASIC Corporations, Credit and Superannuation (Amendment and Repeal) Instrument 2023/699 | 27/09/2023 (see F2023L01309) | 28 September 2023 | -
|
Provision affected | How affected |
Section 2 | rep. 48D LA (section 48D of the LA repeals a provision that provides solely for commencement) |
Section 5 | rs. 2023/699 |
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