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CORPORATIONS ACT 2001


TABLE OF PROVISIONS

           Long Title

            

CHAPTER 1--Introductory
            

   PART 1.1----PRELIMINARY

   1.      Short title  
   2.      Commencement  
   3.      Constitutional basis for this Act  
   4.      Referring States  
   5.      General territorial application of Act  
   5A.     Application to the Crown  
   5B.     ASIC has general administration of this Act  
   5C.     Application of the Acts Interpretation Act 1901  

   PART 1.1A----INTERACTION BETWEEN CORPORATIONS LEGISLATION AND STATE AND TERRITORY LAWS

   5D.     Coverage of Part  
   5E.     Concurrent operation intended  
   5F.     Corporations legislation does not apply to matters declared by State or Territory law to be an excluded matter  
   5G.     Avoiding direct inconsistency arising between the Corporations legislation and State and Territory laws  
   5H.     Registration of body as company on basis of State or Territory law  
   5I.     Regulations may modify operation of the Corporations legislation to deal with interaction between that legislation and State and Territory laws  

   PART 1.2----INTERPRETATION

           Division 1--General

   6.      Effect of this Part  
   7.      Location of other interpretation provisions  
   9.      Dictionary  
   9AA.    Certain family relationships  
   9A.     Meaning of rights issue  
   9B.     Meaning of remuneration recommendation  

           Division 2--Associates

   10.     Effect of Division  
   11.     Associates of bodies corporate  
   12.     References in Chapters 6 to 6C, and other references relating to voting power and takeovers etc.  
   13.     References in Chapter 7  
   15.     General  
   16.     Exclusions  
   17.     Associates of composite person that carries on a financial services business  

           Division 3--Carrying on business

   18.     Carrying on business: otherwise than for profit  
   19.     Businesses of a particular kind  
   20.     Carrying on a business: alone or together with others  
   21.     Carrying on business in Australia or a State or Territory  

           Division 5A--Types of company

   45A.    Proprietary companies  
   45B.    Small companies limited by guarantee  

           Division 6--Subsidiaries and related bodies corporate

   46.     What is a subsidiary  
   47.     Control of a body corporate's board  
   48.     Matters to be disregarded  
   49.     References in this Division to a subsidiary  
   50.     Related bodies corporate  
   50AAA.  Associated entities  
   50AA.   Control  

           Division 6A--Security interests

   51.     Meaning of PPSA security interest  
   51A.    Meaning of security interest  
   51B.    Meaning of secured party  
   51C.    Meaning of circulating security interest  
   51D.    Meaning of possessory security interest  
   51E.    Meaning of secured creditor  
   51F.    Meaning of PPSA retention of title property  

           Division 7--Interpretation of other expressions

   52.     Doing acts  
   52A.    Signing  
   53.     Affairs of a body corporate  
   53AA.   Business affairs of a body corporate  
   53AB.   Business affairs of a natural person  
   53AC.   Business affairs of a partnership  
   53AD.   Business affairs of a trust  
   57.     Classes of shares or interests in managed investment schemes  
   57A.    Meaning of corporation  
   58AA.   Meaning of court and Court  
   58B.    Discharge of obligations under this Act  
   59.     Debentures as consideration for acquisition of shares  
   60.     Declaration of relevant relationships  
   64.     Entering into a transaction in relation to shares or securities  
   64A.    Entities  
   64B.    Entities connected with a corporation  
   65.     Eligible money market dealer  
   66A.    Exempt bodies  
   70.     Extension of period for doing an act  
   73A.    When a court is taken to find a person guilty of an offence  
   75.     Inclusion in official list  
   79.     Involvement in contraventions  
   80.     Jervis Bay Territory taken to be part of the Australian Capital Territory  
   82.     Offers and invitations to the public  
   83.     Officers, and other persons, in default  
   86.     Possession  
   88A.    Public document of a body corporate  
   88B.    Qualified accountants  
   89.     Qualified privilege  
   90.     Receivers and managers  
   91.     Relation-back day  
   92.     Securities  
   95A.    Solvency and insolvency  

           Division 8--Miscellaneous interpretation rules

   100.    Address of registered office etc.  
   100A.   Operation of certain laws relating to instruments on which stamp duty has not been paid  
   101.    Amount of stock representing a number of shares  
   102.    Applications to be in writing  
   102B.   In Australia or elsewhere, in this jurisdiction or elsewhere etc.  
   102C.   In Australia  
   103.    Effect of certain contraventions of this Act  
   104.    Effect of provisions empowering a person to require or prohibit conduct  
   105.    Calculation of time  
   106.    Performance of functions by Commission delegate  
   107.    Notice in relation to top 20 members of a class  
   108.    Parts of dollar to be disregarded in determining majority in value of creditors etc.  
   109.    References to persons, things and matters  
   109X.   Service of documents  

   PART 1.2A----DISCLOSING ENTITIES

           Division 1--Object of Part

   111AA.  Object of Part  

           Division 2--Definitions

   111AB.  Terms defined in Division  
   111AC.  Disclosing entity  
   111AD.  ED securities  
   111AE.  Securities of body or undertaking that is included in a licensed market's official list  
   111AF.  Securities (except debentures and managed investment products) held by 100 or more persons  
   111AFA. Managed investment products held by 100 or more persons  
   111AG.  Securities issued as consideration for an acquisition under an off-market takeover bid or Part 5.1 compromise or arrangement  
   111AH.  When a person holds securities for the purposes of sections 111AF, 111AFA and 111AG  
   111AI.  Debentures  
   111AJ.  Regulations may declare securities not to be ED securities  
   111AK.  ED securities of a disclosing entity  
   111AL.  Listed or unlisted disclosing entity  
   111AM.  Quoted ED securities  

           Division 3--Significance of being a disclosing entity

   111AN.  Division contains outline of significance of being a disclosing entity  
   111ANA. Requirements relating to remuneration recommendations in relation to key management personnel  
   111AO.  Accounting requirements  
   111AP.  Continuous disclosure requirements  
   111AQ.  Prospectus relief  
   111AQA. Product Disclosure Statement relief  

           Division 4--Exemptions and modifications

   111AR.  Meaning of disclosing entity provisions  
   111AS.  Exemptions by regulations  
   111AT.  Exemptions by ASIC  
   111AU.  Enforcing conditions of exemptions  
   111AV.  Modifications by regulations  
   111AW.  Exemptions and modifications have effect  
   111AX.  Effect of Division  

   PART 1.4----TECHNICAL PROVISIONS ABOUT AIDS FOR READERS

   111J.   Small business guide  

   PART 1.5----SMALL BUSINESS GUIDE

   1.      What registration means  
   2.      The company structure for small business  
   3.      Setting up a new company  
   4.      Continuing obligations after the company is set up  
   5.      Company directors and company secretaries  
   6.      Shares and shareholders  
   7.      Signing company documents  
   8.      Funding the company's operations  
   9.      Returns to shareholders  
   10.     Annual financial reports and audit  
   11.     Disagreements within the company  
   12.     Companies in financial trouble  

   PART 1.6----INTERACTION WITH AUSTRALIAN CHARITIES AND NOT-FOR-PROFITS COMMISSION ACT 2012

   111K.   Bodies corporate registered under the Australian Charities and Not-for-profits Commission Act 2012  
   111L.   Provisions not applicable to the body corporate  
   111M.   Member approval  
   111N.   Notices  
   111P.   Annual general meetings  
   111Q.   Presumptions to be made in recovery proceedings  
            

CHAPTER 2A--Registering a company
            

   PART 2A.1----WHAT COMPANIES CAN BE REGISTERED

   112.    Types of companies  
   113.    Proprietary companies  
   114.    Minimum of 1 member  
   115.    Restrictions on size of partnerships and associations  
   116.    Trade unions cannot be registered  

   PART 2A.2----HOW A COMPANY IS REGISTERED

   117.    Applying for registration  
   118.    ASIC gives company ACN, registers company and issues certificate  
   119.    Company comes into existence on registration  
   119A.   Jurisdiction of incorporation and jurisdiction of registration  
   120.    Members, directors and company secretary of a company  
   121.    Registered office  
   122.    Expenses incurred in promoting and setting up company  
   123.    Company may have common seal  
            

CHAPTER 2B--Basic features of a company
            

   PART 2B.1----COMPANY POWERS AND HOW THEY ARE EXERCISED

   124.    Legal capacity and powers of a company  
   125.    Constitution may limit powers and set out objects  
   126.    Agent exercising a company's power to make contracts  
   127.    Execution of documents (including deeds) by the company itself  

   PART 2B.2----ASSUMPTIONS PEOPLE DEALING WITH COMPANIES ARE ENTITLED TO MAKE

   128.    Entitlement to make assumptions  
   129.    Assumptions that can be made under section 128  
   130.    Information available to the public from ASIC does not constitute constructive notice  

   PART 2B.3----CONTRACTS BEFORE REGISTRATION

   131.    Contracts before registration  
   132.    Person may be released from liability but is not entitled to indemnity  
   133.    This Part replaces other rights and liabilities  

   PART 2B.4----REPLACEABLE RULES AND CONSTITUTION

   134.    Internal management of companies  
   135.    Replaceable rules  
   136.    Constitution of a company  
   137.    Date of effect of adoption, modification or repeal of constitution  
   138.    ASIC may direct company to lodge consolidated constitution  
   139.    Company must send copy of constitution to member  
   140.    Effect of constitution and replaceable rules  
   141.    Table of replaceable rules  

   PART 2B.5----REGISTERED OFFICE AND PLACES OF BUSINESS

   142.    Registered office  
   143.    ASIC may change address of registered office to a director's address  
   144.    Company's name must be displayed at registered office etc.  
   145.    Opening hours of registered office of public company  
   146.    Change of address of principal place of business  
   146A.   Contact address  

   PART 2B.6----NAMES

           Division 1--Selecting and using a name

   147.    When a name is available  
   148.    A company's name  
   149.    Acceptable abbreviations  
   150.    Exception to requirement for using "Limited" in name  
   151.    Exception to requirement for using "Limited" in name--pre-existing licences  
   152.    Reserving a name  
   153.    Using a name and ACN on documents  
   154.    Exception to requirement to have ACN on receipts  
   155.    Regulations may exempt from requirement to set out information on documents  
   156.    Carrying on business using "Limited", "No Liability" or "Proprietary" in name  

           Division 2--Changing a company's name

   157.    Company changing its name  
   157A.   Change of name of company under external administration  
   158.    ASIC's power to direct company to change its name  
   159.    ASIC's power to include "Limited" in company's name  
   160.    ASIC must issue new certificate if company's name changes  
   161.    Effect of name change  
   161A.   Company under external administration--former name to be used on documents  

   PART 2B.7----CHANGING COMPANY TYPE

   162.    Changing company type  
   163.    Applying for change of type  
   164.    ASIC changes type of company  
   165.    ASIC may direct a proprietary company to change to a public company in certain circumstances  
   166.    Effect of change of type  
   167.    Issue of shares by company or holding company--company limited by guarantee changing to company limited by shares  
   167AA.  Application of Part to company limited both by shares and by guarantee  
            

CHAPTER 2C--Registers
            

   PART 2C.1----REGISTERS GENERALLY

   167A.   Who is covered by this Chapter  
   168.    Registers to be maintained  
   169.    Register of members  
   170.    Register of option holders and copies of options documents  
   171.    Register of debenture holders  
   172.    Location of registers  
   173.    Right to inspect and get copies  
   174.    Agent's obligations  
   175.    Correction of registers  
   176.    Evidentiary value of registers  
   177.    Use of information on registers  
   178.    Overseas branch registers  

   PART 2C.2----NOTICE BY PROPRIETARY COMPANIES OF CHANGES TO MEMBER REGISTER

   178A.   Notice of change to member register  
   178B.   Top 20 only  
   178C.   Notice of change to share structure  
   178D.   Time within which ASIC must be notified  
            

CHAPTER 2D--Officers and employees
            

   PART 2D.1----DUTIES AND POWERS

   179.    Background to duties of directors, other officers and employees  

           Division 1--General duties

   180.    Care and diligence--civil obligation only  
   181.    Good faith--civil obligations  
   182.    Use of position--civil obligations  
   183.    Use of information--civil obligations  
   184.    Good faith, use of position and use of information--criminal offences  
   185.    Interaction of sections 180 to 184 with other laws etc.  
   186.    Territorial application of sections 180 to 184  
   187.    Directors of wholly-owned subsidiaries  
   188.    Responsibility of secretaries etc. for certain corporate contraventions  
   189.    Reliance on information or advice provided by others  
   190.    Responsibility for actions of delegate  
   190A.   Limited application of Division to registrable Australian bodies  
   190B.   Division does not apply to Aboriginal and Torres Strait Islander corporations  

           Division 2--Disclosure of, and voting on matters involving, material personal interests

   191.    Material personal interest--director's duty to disclose  
   192.    Director may give other directors standing notice about an interest  
   193.    Interaction of sections 191 and 192 with other laws etc.  
   194.    Voting and completion of transactions--directors of proprietary companies (replaceable rule--see section 135)  
   195.    Restrictions on voting--directors of public companies only  
   196.    ASIC power to make declarations and class orders  

           Division 3--Duty to discharge certain trust liabilities

   197.    Directors liable for debts and other obligations incurred by corporation as trustee  

           Division 4--Powers

   198A.   Powers of directors (replaceable rule--see section 135)  
   198B.   Negotiable instruments (replaceable rule--see section 135)  
   198C.   Managing director (replaceable rule--see section 135)  
   198D.   Delegation  
   198E.   Single director/shareholder proprietary companies  
   198F.   Right of access to company books  

           Division 5--Exercise of powers while company under external administration

   198G.   Exercise of powers while company under external administration  

   PART 2D.2----RESTRICTIONS ON INDEMNITIES, INSURANCE AND TERMINATION PAYMENTS

           Division 1--Indemnities and insurance for officers and auditors

   199A.   Indemnification and exemption of officer or auditor  
   199B.   Insurance premiums for certain liabilities of director, secretary, other officer or auditor  
   199C.   Certain indemnities, exemptions, payments and agreements not authorised and certain documents void  

           Division 2--Termination payments

   200.    Interpreting this Division  
   200AA.  Meaning of managerial or executive office  
   200AB.  Meaning of benefit  
   200A.   When benefit given in connection with retirement from an office or position  
   200B.   Retirement benefits generally need membership approval  
   200C.   Benefits on transfer of undertaking or property need membership approval  
   200D.   Contravention to receive benefit without member approval  
   200E.   Approval by members  
   200F.   Exempt benefits and benefits given in certain circumstances  
   200G.   Genuine payments of pension and lump sum  
   200H.   Benefits required by law  
   200J.   Benefits to be held on trust and repaid  

   PART 2D.3----APPOINTMENT, REMUNERATION AND CESSATION OF APPOINTMENT OF DIRECTORS

           Division 1--Appointment of directors

              Subdivision A--General rules

   201A.   Minimum number of directors  
   201B.   Who can be a director  
   201D.   Consent to act as director  
   201E.   Special rules for the appointment of public company directors  
   201F.   Special rules for the appointment of directors for single director/single shareholder proprietary companies  
   201G.   Company may appoint a director (replaceable rule--see section 135)  
   201H.   Directors may appoint other directors (replaceable rule--see section 135)  
   201J.   Appointment of managing directors (replaceable rule--see section 135)  
   201K.   Alternate directors (replaceable rule--see section 135)  
   201L.   Signpost--ASIC to be notified of appointment  
   201M.   Effectiveness of acts by directors  

              Subdivision B--Limits on numbers of directors of public companies

   201N.   Application of Subdivision  
   201P.   Directors must not set board limit unless proposed limit has been approved by general meeting  
   201Q.   Requirements for explanatory statement to members  
   201R.   Records of voting on board limit resolution if poll demanded  
   201S.   Notice of resolution to be lodged  
   201T.   Declaration by court of substantial compliance  
   201U.   Consequences of setting board limit in breach of section 201P  

           Division 2--Remuneration of directors

   202A.   Remuneration of directors (replaceable rule--see section 135)  
   202B.   Members may obtain information about directors' remuneration  
   202C.   Special rule for single director/single shareholder proprietary companies  

           Division 3--Resignation, retirement or removal of directors

   203A.   Director may resign by giving written notice to company (replaceable rule--see section 135)  
   203B.   Signpost to consequences of disqualification from managing corporations  
   203C.   Removal by members--proprietary companies (replaceable rule--see section 135)  
   203D.   Removal by members--public companies  
   203E.   Director cannot be removed by other directors--public companies  
   203F.   Termination of appointment of managing director (replaceable rule--see section 135)  

   PART 2D.4----APPOINTMENT OF SECRETARIES

   204A.   Minimum number of secretaries  
   204B.   Who can be a secretary  
   204C.   Consent to act as secretary  
   204D.   How a secretary is appointed  
   204E.   Effectiveness of acts by secretaries  
   204F.   Terms and conditions of office for secretaries (replaceable rule--see section 135)  
   204G.   Signpost to consequences of disqualification from managing corporations  

   PART 2D.5----PUBLIC INFORMATION ABOUT DIRECTORS AND SECRETARIES

   205A.   Director, secretary or alternate director may notify ASIC of resignation or retirement  
   205B.   Notice of name and address of directors and secretaries to ASIC  
   205C.   Director and secretary must give information to company  
   205D.   Address for officers  
   205E.   ASIC's power to ask for information about person's position as director or secretary  
   205F.   Director must give information to company  
   205G.   Listed company--director to notify market operator of shareholdings etc.  

   PART 2D.6----DISQUALIFICATION FROM MANAGING CORPORATIONS

   206A.   Disqualified person not to manage corporations  
   206B.   Automatic disqualification--convictions, bankruptcy and foreign court orders etc.  
   206BA.  Extension of period of automatic disqualification under section 206B  
   206C.   Court power of disqualification--contravention of civil penalty provision  
   206D.   Court power of disqualification--insolvency and non-payment of debts  
   206E.   Court power of disqualification--repeated contraventions of Act  
   206EAA. Court power of disqualification--disqualification under a law of a foreign jurisdiction  
   206EA.  Disqualification under the Competition and Consumer Act 2010 etc.  
   206EB.  Disqualification under the ASIC Act  
   206F.   ASIC's power of disqualification  
   206G.   Court power to grant leave  
   206GA.  Involvement of ACCC--leave orders under section 206G  
   206H.   Territorial application of this Part  
   206HA.  Limited application of Part to registrable Australian bodies  
   206HB.  Part does not apply to Aboriginal and Torres Strait Islander corporations  

   PART 2D.7----BAN ON HEDGING REMUNERATION OF KEY MANAGEMENT PERSONNEL

   206J.   No hedging of remuneration of key management personnel  

   PART 2D.8----REMUNERATION RECOMMENDATIONS IN RELATION TO KEY MANAGEMENT PERSONNEL FOR DISCLOSING ENTITIES

   206K.   Board to approve remuneration consultants  
   206L.   Remuneration recommendation by remuneration consultants  
   206M.   Declaration by remuneration consultant  
            

CHAPTER 2E--Related party transactions
            

   207.    Purpose  

   PART 2E.1----MEMBER APPROVAL NEEDED FOR RELATED PARTY BENEFIT

           Division 1--Need for member approval

   208.    Need for member approval for financial benefit  
   209.    Consequences of breach  

           Division 2--Exceptions to the requirement for member approval

   210.    Arm's length terms  
   211.    Remuneration and reimbursement for officer or employee  
   212.    Indemnities, exemptions, insurance premiums and payment for legal costs for officers  
   213.    Small amounts given to related entity  
   214.    Benefit to or by closely-held subsidiary  
   215.    Benefits to members that do not discriminate unfairly  
   216.    Court order  

           Division 3--Procedure for obtaining member approval

   217.    Resolution may specify matters by class or kind  
   218.    Company must lodge material that will be put to members with ASIC  
   219.    Requirements for explanatory statement to members  
   220.    ASIC may comment on proposed resolution  
   221.    Requirements for notice of meeting  
   222.    Other material put to members  
   223.    Proposed resolution cannot be varied  
   224.    Voting by or on behalf of related party interested in proposed resolution  
   225.    Voting on the resolution  
   226.    Notice of resolution to be lodged  
   227.    Declaration by court of substantial compliance  

   PART 2E.2----RELATED PARTIES AND FINANCIAL BENEFITS

   228.    Related parties  
   229.    Giving a financial benefit  

   PART 2E.3----INTERACTION WITH OTHER RULES

   230.    General duties still apply  
            

CHAPTER 2F--Members' rights and remedies
            

   231.    Membership of a company  

   PART 2F.1----OPPRESSIVE CONDUCT OF AFFAIRS

   232.    Grounds for Court order  
   233.    Orders the Court can make  
   234.    Who can apply for order  
   235.    Requirement for person to lodge order  

   PART 2F.1A----PROCEEDINGS ON BEHALF OF A COMPANY BY MEMBERS AND OTHERS

   236.    Bringing, or intervening in, proceedings on behalf of a company  
   237.    Applying for and granting leave  
   238.    Substitution of another person for the person granted leave  
   239.    Effect of ratification by members  
   240.    Leave to discontinue, compromise or settle proceedings brought, or intervened in, with leave  
   241.    General powers of the Court  
   242.    Power of the Court to make costs orders  

   PART 2F.2----CLASS RIGHTS

   246B.   Varying and cancelling class rights  
   246C.   Certain actions taken to vary rights etc.  
   246D.   Variation, cancellation or modification without unanimous support of class  
   246E.   Variation, cancellation or modification with unanimous support of class  
   246F.   Company must lodge documents and resolutions with ASIC  
   246G.   Member's copies of documents and resolutions  

   PART 2F.3----INSPECTION OF BOOKS

   247A.   Order for inspection of books of company or registered managed investment scheme  
   247B.   Ancillary orders  
   247C.   Disclosure of information acquired in inspection  
   247D.   Company or directors may allow member to inspect books (replaceable rule see section 135)  

   PART 2F.4----PROCEEDINGS AGAINST A COMPANY BY MEMBERS AND OTHERS

   247E.   Shareholding does not prevent compensation claim  
            

CHAPTER 2G--Meetings
            

   PART 2G.1----DIRECTORS' MEETINGS

           Division 1--Resolutions and declarations without meetings

   248A.   Circulating resolutions of companies with more than 1 director (replaceable rule see section 135)  
   248B.   Resolutions and declarations of 1 director proprietary companies  

           Division 2--Directors' meetings

   248C.   Calling directors' meetings (replaceable rule see section 135)  
   248D.   Use of technology  
   248E.   Chairing directors' meetings (replaceable rule see section 135)  
   248F.   Quorum at directors' meetings (replaceable rule see section 135)  
   248G.   Passing of directors' resolutions (replaceable rule see section 135)  

   PART 2G.2----MEETINGS OF MEMBERS OF COMPANIES

           Division 1--Resolutions without meetings

   249A.   Circulating resolutions of proprietary companies with more than 1 member  
   249B.   Resolutions of 1 member companies  

           Division 2--Who may call meetings of members

   249C.   Calling of meetings of members by a director (replaceable rule--see section 135)  
   249CA.  Calling of meetings of members of a listed company by a director  
   249D.   Calling of general meeting by directors when requested by members  
   249E.   Failure of directors to call general meeting  
   249F.   Calling of general meetings by members  
   249G.   Calling of meetings of members by the Court  

           Division 3--How to call meetings of members

   249H.   Amount of notice of meetings  
   249HA.  Amount of notice of meetings of listed company  
   249J.   Notice of meetings of members to members and directors  
   249K.   Auditor entitled to notice and other communications  
   249L.   Contents of notice of meetings of members  
   249LA.  Notice of meeting not required to contain certain information  
   249M.   Notice of adjourned meetings (replaceable rule--see section 135)  

           Division 4--Members' rights to put resolutions etc

   249N.   Members' resolutions  
   249O.   Company giving notice of members' resolutions  
   249P.   Members' statements to be distributed  

           Division 5--Holding meetings of members

   249Q.   Purpose  
   249R.   Time and place for meetings of members  
   249S.   Technology  
   249T.   Quorum (replaceable rule--see section 135)  
   249U.   Chairing meetings of members (replaceable rule--see section 135)  
   249V.   Auditor's right to be heard at general meetings  
   249W.   Adjourned meetings  

           Division 6--Proxies and body corporate representatives

   249X.   Who can appoint a proxy (replaceable rule for proprietary companies and mandatory rule for public companies--see section 135)  
   249Y.   Rights of proxies  
   249Z.   Company sending appointment forms or lists of proxies must send to all members  
   250A.   Appointing a proxy  
   250B.   Proxy documents  
   250BA.  Proxy documents--listed companies  
   250BB.  Proxy vote if appointment specifies way to vote  
   250BC.  Transfer of non-chair proxy to chair in certain circumstances  
   250BD.  Proxy voting by key management personnel or closely related parties  
   250C.   Validity of proxy vote  
   250D.   Body corporate representative  

           Division 7--Voting at meetings of members

   250E.   How many votes a member has (replaceable rule--see section 135)  
   250F.   Jointly held shares (replaceable rule--see section 135)  
   250G.   Objections to right to vote (replaceable rule--see section 135)  
   250H.   Votes need not all be cast in the same way  
   250J.   How voting is carried out (replaceable rule--see section 135)  
   250K.   Matters on which a poll may be demanded  
   250L.   When a poll is effectively demanded  
   250M.   When and how polls must be taken (replaceable rule--see section 135)  

           Division 8--AGMs of public companies

   250N.   Public company must hold AGM  
   250P.   Extension of time for holding AGM  
   250PAA. Exemptions by ASIC--class orders relating to externally-administered companies  
   250PAB. Exemptions by ASIC--individual externally-administered companies  
   250PA.  Written questions to auditor submitted by members of listed company before AGM  
   250R.   Business of AGM  
   250RA.  Auditor required to attend listed company's AGM  
   250S.   Questions and comments by members on company management at AGM  
   250SA.  Listed company--remuneration report  
   250T.   Questions by members of auditors at AGM  

           Division 9--Meetings arising from concerns about remuneration reports

   250U.   Application  
   250V.   Resolution to hold fresh elections for directors at special meeting to be put to vote at AGM  
   250W.   Consequences of spill resolution being passed  
   250X.   Ensuring there are at least 3 directors after spill meeting  
   250Y.   Term of office of director reappointed at spill meeting  

   PART 2G.3----MINUTES AND MEMBERS' ACCESS TO MINUTES

   251A.   Minutes  
   251AA.  Disclosure of proxy votes--listed companies  
   251B.   Members' access to minutes  

   PART 2G.4----MEETINGS OF MEMBERS OF REGISTERED MANAGED INVESTMENT SCHEMES

           Division 1--Who may call meetings of members

   252A.   Calling of meetings of members by responsible entity  
   252B.   Calling of meetings of members by responsible entity when requested by members  
   252C.   Failure of responsible entity to call meeting of the scheme's members  
   252D.   Calling of meetings of members by members  
   252E.   Calling of meetings of members by the Court  

           Division 2--How to call meetings of members

   252F.   Amount of notice of meetings  
   252G.   Notice of meetings of members to members, directors and auditors  
   252H.   Auditors entitled to other communications  
   252J.   Contents of notice of meetings of members  
   252K.   Notice of adjourned meetings  

           Division 3--Members' rights to put resolutions etc

   252L.   Members' resolutions  
   252M.   Responsible entity giving notice of members' resolutions  
   252N.   Members' statements to be distributed  

           Division 4--Holding meetings of members

   252P.   Time and place for meetings of members  
   252Q.   Technology  
   252R.   Quorum  
   252S.   Chairing meetings of members  
   252T.   Auditors' right to be heard at meetings of members  
   252U.   Adjourned meetings  

           Division 5--Proxies and body corporate representatives

   252V.   Who can appoint a proxy  
   252W.   Rights of proxies  
   252X.   Responsible entity sending appointment forms or lists of proxies must send to all members  
   252Y.   Appointing a proxy  
   252Z.   Proxy documents  
   253A.   Validity of proxy vote  
   253B.   Body corporate representative  

           Division 6--Voting at meetings of members

   253C.   How many votes a member has  
   253D.   Jointly held interests  
   253E.   Responsible entity and associates cannot vote if interested in resolution  
   253F.   How to work out the value of an interest  
   253G.   Objections to a right to vote  
   253H.   Votes need not all be cast in the same way  
   253J.   How voting is carried out  
   253K.   Matters on which a poll may be demanded  
   253L.   When a poll is effectively demanded  

           Division 7--Minutes and members' access to minutes

   253M.   Minutes  
   253N.   Members' access to minutes  
            

CHAPTER 2H--Shares
            

   PART 2H.1----ISSUING AND CONVERTING SHARES

   254A.   Power to issue bonus, partly-paid, preference and redeemable preference shares  
   254B.   Terms of issue  
   254C.   No par value shares  
   254D.   Pre-emption for existing shareholders on issue of shares in proprietary company (replaceable rule--see section 135)  
   254E.   Court validation of issue  
   254F.   Bearer shares and stock must not be issued  
   254G.   Conversion of shares  
   254H.   Resolution to convert shares into larger or smaller number  

   PART 2H.2----REDEMPTION OF REDEEMABLE PREFERENCE SHARES

   254J.   Redemption must be in accordance with terms of issue  
   254K.   Other requirements about redemption  
   254L.   Consequences of contravening section 254J or 254K  

   PART 2H.3----PARTLY-PAID SHARES

   254M.   Liability on partly-paid shares  
   254N.   Calls may be limited to when company is externally-administered  
   254P.   No liability companies--calls on shares  
   254Q.   No liability companies--forfeiture and sale of shares for failure to meet call  
   254R.   No liability companies--redemption of forfeited shares  

   PART 2H.4----CAPITALISATION OF PROFITS

   254S.   Capitalisation of profits  

   PART 2H.5----DIVIDENDS

   254SA.  Companies limited by guarantee not to pay dividends  
   254T.   Circumstances in which a dividend may be paid  
   254U.   Other provisions about paying dividends (replaceable rule--see section 135)  
   254V.   When does the company incur a debt?  
   254W.   Dividend rights  

   PART 2H.6----NOTICE REQUIREMENTS

   254X.   Notice to ASIC of share issue  
   254Y.   Notice to ASIC of share cancellation  
            

CHAPTER 2J--Transactions affecting share capital
            

   PART 2J.1----SHARE CAPITAL REDUCTIONS AND SHARE BUY-BACKS

   256A.   Purpose  

           Division 1--Reductions in share capital not otherwise authorised by law

   256B.   Company may make reduction not otherwise authorised  
   256C.   Shareholder approval  
   256D.   Consequences of failing to comply with section 256B  
   256E.   Signposts to other relevant provisions  

           Division 2--Share buy-backs

   257A.   The company's power to buy back its own shares  
   257B.   Buy-back procedure--general  
   257C.   Buy-back procedure--shareholder approval if the 10/12 limit exceeded  
   257D.   Buy-back procedure--special shareholder approval for selective buy-back  
   257E.   Buy-back procedure--lodgment of offer documents with ASIC  
   257F.   Notice of intended buy-back  
   257G.   Buy-back procedure--disclosure of relevant information when offer made  
   257H.   Acceptance of offer and transfer of shares to the company  
   257J.   Signposts to other relevant provisions  

           Division 3--Other share capital reductions

   258A.   Unlimited companies  
   258B.   Right to occupy or use real property  
   258C.   Brokerage or commission  
   258D.   Cancellation of forfeited shares  
   258E.   Other share cancellations  
   258F.   Reductions because of lost capital  

   PART 2J.2----SELF-ACQUISITION AND CONTROL OF SHARES

   259A.   Directly acquiring own shares  
   259B.   Taking security over own shares or shares in holding company  
   259C.   Issuing or transferring shares to controlled entity  
   259D.   Company controlling entity that holds shares in it  
   259E.   When a company controls an entity  
   259F.   Consequences of failing to comply with section 259A or 259B  

   PART 2J.3----FINANCIAL ASSISTANCE

   260A.   Financial assistance by a company for acquiring shares in the company or a holding company  
   260B.   Shareholder approval  
   260C.   Exempted financial assistance  
   260D.   Consequences of failing to comply with section 260A  

   PART 2J.4----INTERACTION WITH GENERAL DIRECTORS' DUTIES

   260E.   General duties still apply  
            

CHAPTER 2L--Debentures
            

   PART 2L.1----REQUIREMENT FOR TRUST DEED AND TRUSTEE

   283AA.  Requirement for trust deed and trustee  
   283AB.  Trust deed  
   283AC.  Who can be a trustee  
   283AD.  Existing trustee continues to act until new trustee takes office  
   283AE.  Replacement of trustee  

   PART 2L.2----DUTIES OF BORROWER

   283BA.  Duties of borrower  
   283BB.  General duties  
   283BC.  Duty to notify ASIC of information related to trustee  
   283BCA. Register relating to trustees for debenture holders  
   283BD.  Duty to replace trustee  
   283BE.  Duty to inform trustee about security interests  
   283BF.  Duty to give trustee and ASIC quarterly reports  
   283BG.  Exceptions to borrower's duty to report to trustee and ASIC  
   283BH.  How debentures may be described  
   283BI.  Offences for failure to comply with statutory duties  

   PART 2L.3----DUTIES OF GUARANTOR

   283CA.  Duties of guarantor  
   283CB.  General duties  
   283CC.  Duty to inform trustee about security interests  
   283CD.  Exceptions to guarantor's duty to inform trustee  
   283CE.  Offences for failure to comply with statutory duties  

   PART 2L.4----TRUSTEE

   283DA.  Trustee's duties  
   283DB.  Exemptions and indemnifications of trustee from liability  
   283DC.  Indemnity  

   PART 2L.5----MEETINGS OF DEBENTURE HOLDERS

   283EA.  Borrower's duty to call meeting  
   283EB.  Trustee's power to call meeting  
   283EC.  Court may order meeting  

   PART 2L.6----CIVIL LIABILITY

   283F.   Civil liability for contravening this Chapter  

   PART 2L.7----ASIC POWERS

   283GA.  ASIC's power to exempt and modify  
   283GB.  ASIC may approve body corporate to be trustee  

   PART 2L.8----COURT

   283HA.  General Court power to give directions and determine questions  
   283HB.  Specific Court powers  

   PART 2L.9----LOCATION OF OTHER DEBENTURE PROVISIONS

   283I.   Signpost to other debenture provisions  
            

CHAPTER 2M--Financial reports and audit
            

   PART 2M.1----OVERVIEW

   285.    Overview of obligations under this Chapter  
   285A.   Overview of obligations of companies limited by guarantee  

   PART 2M.2----FINANCIAL RECORDS

   286.    Obligation to keep financial records  
   287.    Language requirements  
   288.    Physical format  
   289.    Place where records are kept  
   290.    Director access  
   291.    Signposts to other relevant provisions  

   PART 2M.3----FINANCIAL REPORTING

           Division 1--Annual financial reports and directors' reports

   292.    Who has to prepare annual financial reports and directors' reports  
   293.    Small proprietary company--shareholder direction  
   294.    Small proprietary company--ASIC direction  
   294A.   Small company limited by guarantee--member direction  
   294B.   Small company limited by guarantee--ASIC direction  
   295.    Contents of annual financial report  
   295A.   Declaration in relation to listed entity's financial statements by chief executive officer and chief financial officer  
   296.    Compliance with accounting standards and regulations  
   297.    True and fair view  
   298.    Annual directors' report  
   299.    Annual directors' report--general information  
   299A.   Annual directors' report--additional general requirements for listed entities  
   300.    Annual directors' report--specific information  
   300A.   Annual directors' report--specific information to be provided by listed companies  
   300B.   Annual directors' report--companies limited by guarantee  
   301.    Audit of annual financial report  

           Division 2--Half-year financial report and directors' report

   302.    Disclosing entity must prepare half-year financial report and directors' report  
   303.    Contents of half-year financial report  
   304.    Compliance with accounting standards and regulations  
   305.    True and fair view  
   306.    Half-year directors' report  

           Division 3--Audit and auditor's report

   307.    Audit  
   307A.   Audit to be conducted in accordance with auditing standards  
   307B.   Audit working papers to be retained for 7 years  
   307C.   Auditor's independence declaration  
   308.    Auditor's report on annual financial report  
   309.    Auditor's report on half-year financial report  
   310.    Auditor's power to obtain information  
   311.    Reporting to ASIC  
   312.    Assisting auditor  
   313.    Special provisions on audit of debenture issuers and guarantors  

           Division 4--Annual financial reporting to members

   314.    Annual financial reporting to members  
   315.    Deadline for reporting to members  
   316.    Member's choices for annual financial information  
   316A.   Annual financial reporting to members of companies limited by guarantee  
   317.    Consideration of reports at AGM  
   318.    Additional reporting by debenture issuers  

           Division 5--Lodging reports with ASIC

   319.    Lodgment of annual reports with ASIC  
   320.    Lodgment of half-year reports with ASIC  
   321.    ASIC power to require lodgment  
   322.    Relodgment if financial statements or directors' reports amended after lodgment  

           Division 6--Special provisions about consolidated financial statements

   323.    Directors and officers of controlled entity to give information  
   323A.   Auditor's power to obtain information from controlled entity  
   323B.   Controlled entity to assist auditor  
   323C.   Application of Division to entity that has ceased to be controlled  

           Division 7--Financial years and half-years

   323D.   Financial years and half-years  

           Division 8--Disclosure by listed companies of information filed overseas

   323DA.  Listed companies to disclose information filed overseas  

   PART 2M.4----APPOINTMENT AND REMOVAL OF AUDITORS

           Division 1--Entities that may be appointed as an auditor for a company or registered scheme

   324AA.  Individual auditors, audit firms and authorised audit companies  
   324AB.  Effect of appointing firm as auditor--general  
   324AC.  Effect of appointing firm as auditor--reconstitution of firm  
   324AD.  Effect of appointing company as auditor  
   324AE.  Professional members of the audit team  
   324AF.  Lead and review auditors  

           Division 2--Registration requirements

   324BA.  Registration requirements for appointment of individual as auditor  
   324BB.  Registration requirements for appointment of firm as auditor  
   324BC.  Registration requirements for appointment of company as auditor  
   324BD.  Exception from registration requirement for proprietary company  
   324BE.  Exception from registration requirement--reviewing financial reports of companies limited by guarantee  

           Division 3--Auditor independence

              Subdivision A--General requirement

   324CA.  General requirement for auditor independence--auditors  
   324CB.  General requirement for auditor independence--member of audit firm  
   324CC.  General requirement for auditor independence--director of audit company  
   324CD.  Conflict of interest situation  

              Subdivision B--Specific requirements

   324CE.  Auditor independence--specific requirements for individual auditor  
   324CF.  Auditor independence--specific requirements for audit firm  
   324CG.  Auditor independence--specific requirements for audit company  
   324CH.  Relevant relationships  
   324CI.  Special rule for retiring partners of audit firms and retiring directors of authorised audit companies  
   324CJ.  Special rule for retiring professional member of audit company  
   324CK.  Multiple former audit firm partners or audit company directors  

              Subdivision C--Common provisions

   324CL.  People who are regarded as officers of a company for the purposes of this Division  

           Division 4--Deliberately disqualifying auditor

   324CM.  Deliberately disqualifying auditor  

           Division 5--Auditor rotation for listed companies

   324DA.  Limited term for eligibility to play significant role in audit of a listed company or listed registered scheme  
   324DAA. Directors may extend eligibility term  
   324DAB. Requirements for directors to approve extension of eligibility term  
   324DAC. Notifications about approval to extend eligibility term  
   324DAD. Approval ineffective unless it complies with requirements  
   324DB.  Individual's rotation obligation  
   324DC.  Audit firm's rotation obligation  
   324DD.  Audit company's rotation obligation  

           Division 6--Appointment, removal and fees of auditors for companies

              Subdivision A--Appointment of company auditors

   325.    Appointment of auditor by proprietary company  
   327A.   Public company auditor (initial appointment of auditor)  
   327B.   Public company auditor (annual appointments at AGMs to fill vacancies)  
   327C.   Public company auditor (appointment to fill casual vacancy)  
   327D.   Appointment to replace auditor removed from office  
   327E.   ASIC may appoint public company auditor if auditor removed but not replaced  
   327F.   ASIC's general power to appoint public company auditor  
   327G.   Restrictions on ASIC's powers to appoint public company auditor  
   327H.   Effect on appointment of public company auditor of company beginning to be controlled by a corporation  
   327I.   Remaining auditors may act during vacancy  
   328A.   Auditor's consent to appointment  
   328B.   Nomination of auditor  

              Subdivision B--Removal and resignation of company auditors

   329.    Removal and resignation of auditors  
   330.    Effect of winding up on office of auditor  

              Subdivision C--Company auditors' fees and expenses

   331.    Fees and expenses of auditors  

           Division 7--Appointment, removal and fees of auditors for registered schemes

              Subdivision A--Appointment of registered scheme auditors

   331AAA. Registered scheme auditor (initial appointment of auditor)  
   331AAB. Registered scheme auditor (appointment to fill vacancy)  
   331AAC. ASIC's power to appoint registered scheme auditor  
   331AAD. Remaining auditors may act during vacancy  

              Subdivision B--Removal and resignation of registered scheme auditors

   331AC.  Removal and resignation of auditors  
   331AD.  Effect of winding up on office of auditor  

              Subdivision C--Fees and expenses of auditors

   331AE.  Fees and expenses of auditors  

   PART 2M.4A----ANNUAL TRANSPARENCY REPORTS FOR AUDITORS

   332.    Meaning of transparency reporting auditor and transparency reporting year  
   332A.   Transparency reporting auditors must publish annual transparency reports  
   332B.   Content of annual transparency report  
   332C.   Extension of period for publication of annual transparency report  
   332D.   Exemption orders--applications by transparency reporting auditors  
   332E.   Exemption orders--class orders for transparency reporting auditors  
   332F.   Exemption orders--criteria for orders  
   332G.   Offences by members of audit firm  

   PART 2M.5----ACCOUNTING AND AUDITING STANDARDS

   334.    Accounting standards  
   335.    Equity accounting  
   336.    Auditing standards  
   337.    Interpretation of accounting and auditing standards  
   338.    Evidence of text of accounting standard or auditing standard  

   PART 2M.6----EXEMPTIONS AND MODIFICATIONS

   340.    Exemption orders--companies, registered schemes and disclosing entities  
   341.    Exemption orders--class orders for companies, registered schemes and disclosing entities  
   342.    Exemption orders--criteria for orders for companies, registered schemes and disclosing entities  
   342AA.  Exemption orders--non-auditor members and former members of audit firms; former employees of audit companies  
   342AB.  Exemption orders--class orders for non-auditor members etc.  
   342AC.  Exemption orders--criteria for orders for non-auditor members etc.  
   342A.   ASIC's power to modify the operation of section 324DA  
   342B.   Auditor to notify company or registered scheme of section 342A declaration  
   343.    Modification by regulations  

   PART 2M.7----SANCTIONS FOR CONTRAVENTIONS OF CHAPTER

   344.    Contravention of Part 2M.2 or 2M.3, or of certain provisions of Part 2M.4  
            

CHAPTER 2N--Updating ASIC information about companies and registered schemes
            

   PART 2N.1----REVIEW DATE

   345A.   Review date  
   345B.   Company or responsible entity may change review date  
   345C.   When choice has effect  

   PART 2N.2----EXTRACT OF PARTICULARS

   346A.   ASIC must give an extract of particulars each year  
   346B.   ASIC may ask questions  
   346C.   Requirements in relation to an extract of particulars  

   PART 2N.3----SOLVENCY RESOLUTION

   347A.   Directors must pass a solvency resolution after each review date  
   347B.   Notice to ASIC  
   347C.   Payment of review fee is taken to be a representation by the directors that the company is solvent  

   PART 2N.4----RETURN OF PARTICULARS

   348A.   ASIC may give a return of particulars  
   348B.   ASIC may ask questions  
   348C.   ASIC may require a solvency resolution and statement  
   348D.   General requirements in relation to a return of particulars  

   PART 2N.5----NOTICE BY PROPRIETARY COMPANIES OF CHANGES TO ULTIMATE HOLDING COMPANY

   349A.   Proprietary companies must notify ASIC of changes to ultimate holding company  
   349B.   Another company becomes an ultimate holding company  
   349C.   A company ceases to be an ultimate holding company  
   349D.   Ultimate holding company changes its name  
            

CHAPTER 2P--Lodgments with ASIC
            

   350.    Forms for documents to be lodged with ASIC  
   351.    Signing documents lodged with ASIC  
   352.    Documents lodged with ASIC electronically  
   353.    Electronic lodgment of certain documents  
   354.    Telephone notice of certain changes  
            

CHAPTER 5--External administration
            

   PART 5.1----ARRANGEMENTS AND RECONSTRUCTIONS

   410.    Interpretation  
   411.    Administration of compromises etc.  
   412.    Information as to compromise with creditors  
   413.    Provisions for facilitating reconstruction and amalgamation of Part 5.1 bodies  
   414.    Acquisition of shares of shareholders dissenting from scheme or contract approved by majority  
   415.    Notification of appointment of scheme manager and power of Court to require report  
   415A.   Outcome of voting at creditors' meeting determined by related entity--Court powers  
   415B.   Interim order on application under section 415A  
   415C.   Order under section 415A does not affect act already done pursuant to resolution  

   PART 5.2----RECEIVERS, AND OTHER CONTROLLERS, OF PROPERTY OF CORPORATIONS

   416.    Definitions  
   417.    Application of Part  
   418.    Persons not to act as receivers  
   418A.   Court may declare whether controller is validly acting  
   419.    Liability of controller  
   419A.   Liability of controller under pre-existing agreement about property used by corporation  
   420.    Powers of receiver  
   420A.   Controller's duty of care in exercising power of sale  
   420B.   Court may authorise managing controller to dispose of property despite prior security interest  
   420C.   Receiver's power to carry on corporation's business during winding up  
   421.    Managing controller's duties in relation to bank accounts and financial records  
   421A.   Managing controller to report within 2 months about corporation's affairs  
   422.    Reports by receiver or managing controller  
   422A.   Annual return by controller  
   422B.   End of control return  
   422C.   Transfer of books to new controller  
   422D.   Transfer of books to ASIC etc.  
   423.    Supervision of controller  
   424.    Controller may apply to Court  
   425.    Court's power to fix receiver's remuneration  
   426.    Controller has qualified privilege in certain cases  
   427.    Notification of matters relating to controller  
   428.    Statement that receiver appointed or other controller acting  
   429.    Officers to report to controller about corporation's affairs  
   430.    Controller may require reports  
   431.    Controller may inspect books  
   432.    Auditing returns by controllers  
   433.    Property subject to circulating security interest--payment of certain debts to have priority  
   434.    Enforcing controller's duty to make returns  
   434A.   Court may remove controller for misconduct  
   434B.   Court may remove redundant controller  
   434C.   Effect of sections 434A and 434B  
   434D.   Appointment of 2 or more receivers of property of a corporation  
   434E.   Appointment of 2 or more receivers and managers of property of a corporation  
   434F.   Appointment of 2 or more controllers of property of a corporation  
   434G.   Appointment of 2 or more managing controllers of property of a corporation  
   434H.   Regulations may provide for reporting to ASIC  

   PART 5.3A----ADMINISTRATION OF A COMPANY'S AFFAIRS WITH A VIEW TO EXECUTING A DEED OF COMPANY ARRANGEMENT

           Division 1--Preliminary

   435A.   Object of Part  
   435B.   Definitions  
   435C.   When administration begins and ends  

           Division 2--Appointment of administrator and first meeting of creditors

   436A.   Company may appoint administrator if board thinks it is or will become insolvent  
   436B.   Liquidator may appoint administrator  
   436C.   Secured party may appoint administrator  
   436D.   Company already under administration  
   436DA.  Declarations by administrator--indemnities and relevant relationships  
   436E.   Purpose and timing of first meeting of creditors  

           Division 3--Administrator assumes control of company's affairs

   437A.   Role of administrator  
   437B.   Administrator acts as company's agent  
   437D.   Only administrator can deal with company's property  
   437E.   Order for compensation where officer involved in void transaction  
   437F.   Effect of administration on company's members  

           Division 4--Administrator investigates company's affairs

   438A.   Administrator to investigate affairs and consider possible courses of action  
   438B.   Directors to help administrator  
   438C.   Administrator's rights to company's books  
   438D.   Reports by administrator  

           Division 5--Meeting of creditors decides company's future

   439A.   Administrator to convene meeting and inform creditors  
   439C.   What creditors may decide  

           Division 6--Protection of company's property during administration

   440A.   Winding up company  
   440B.   Restrictions on exercise of third party property rights  
   440D.   Stay of proceedings  
   440E.   Administrator not liable in damages for refusing consent  
   440F.   Suspension of enforcement process  
   440G.   Duties of court officer in relation to property of company  
   440H.   Lis pendens taken to exist  
   440J.   Administration not to trigger liability of director or relative under guarantee of company's liability  
   440JA.  Property subject to a banker's lien--exemption from this Division  

           Division 7--Rights of secured party, owner or lessor

              Subdivision A--General

   441.    Application of Division  

              Subdivision B--Property subject to security interests

   441AA.  Application of Subdivision--PPSA security interests  
   441A.   Secured party acts before or during decision period  
   441B.   Where enforcement of security interest begins before administration  
   441C.   Security interest in perishable property  
   441D.   Court may limit powers of secured party etc. in relation to secured property  
   441E.   Giving a notice under a security agreement etc.  
   441EA.  Sale of property subject to a possessory security interest  

              Subdivision C--Property not subject to security interests

   441EB.  Scope of Subdivision  
   441F.   Where recovery of property begins before administration  
   441G.   Recovering perishable property  
   441H.   Court may limit powers of receiver etc. in relation to property used by company  
   441J.   Giving a notice under an agreement about property  

           Division 8--Powers of administrator

   442A.   Additional powers of administrator  
   442B.   Dealing with property subject to circulating security interests  
   442C.   When administrator may dispose of encumbered property  
   442CA.  Property subject to a possessory security interest--inspection or examination by potential purchasers etc.  
   442CB.  Property subject to a security interest or to a retention of title clause--administrator's duty of care in exercising power of sale  
   442CC.  Proceeds of sale of property  
   442D.   Administrator's powers subject to powers of secured party, receiver or controller  
   442E.   Administrator has qualified privilege  
   442F.   Protection of persons dealing with administrator  

           Division 9--Administrator's liability and indemnity for debts of administration

              Subdivision A--Liability

   443A.   General debts  
   443B.   Payments for property used or occupied by, or in the possession of, the company  
   443BA.  Certain taxation liabilities  
   443C.   Administrator not otherwise liable for company's debts  

              Subdivision B--Indemnity

   443D.   Right of indemnity  
   443E.   Right of indemnity has priority over other debts  
   443F.   Lien to secure indemnity  

           Division 10--Execution and effect of deed of company arrangement

   444A.   Effect of creditors' resolution  
   444B.   Execution of deed  
   444C.   Creditor etc. not to act inconsistently with deed before its execution  
   444D.   Effect of deed on creditors  
   444DA.  Giving priority to eligible employee creditors  
   444DB.  Superannuation contribution debts not admissible to proof  
   444E.   Protection of company's property from persons bound by deed  
   444F.   Court may limit rights of secured creditor or owner or lessor  
   444G.   Effect of deed on company, officers and members  
   444GA.  Transfer of shares  
   444H.   Extent of release of company's debts  
   444J.   Guarantees and indemnities  

           Division 11--Variation, termination and avoidance of deed

   445A.   Variation of deed by creditors  
   445B.   Court may cancel variation  
   445C.   When deed terminates  
   445CA.  When creditors may terminate deed  
   445D.   When Court may terminate deed  
   445E.   Creditors may terminate deed and resolve that company be wound up  
   445FA.  Notice of termination of deed  
   445G.   When Court may void or validate deed  
   445H.   Effect of termination or avoidance  

           Division 11AA--Notification of contravention of deed

   445HA.  Notification of contravention of deed of company arrangement  

           Division 12--Transition to creditors' voluntary winding up

   446A.   Administrator becomes liquidator in certain cases  
   446AA.  Administrator becomes liquidator--additional cases  
   446B.   Regulations may provide for transition in other cases  
   446C.   Liquidator may require submission of a report about the company's affairs  

           Division 13--Powers of Court

   447A.   General power to make orders  
   447B.   Orders to protect creditors during administration  
   447C.   Court may declare whether administrator validly appointed  
   447F.   Effect of Division  

           Division 14--Qualifications of administrators

   448A.   Appointee must consent  
   448B.   Administrator must be registered liquidator  
   448C.   Disqualification of person connected with company  

           Division 15--Removal and replacement of administrator

   449A.   Appointment of administrator cannot be revoked  
   449C.   Vacancy in office of administrator of company  
   449CA.  Declarations by administrator--indemnities and relevant relationships  

           Division 16--Notices about steps taken under Part

   450A.   Appointment of administrator  
   450B.   Execution of deed of company arrangement  
   450C.   Failure to execute deed of company arrangement  
   450D.   Termination of deed of company arrangement  
   450E.   Notice in public documents etc. of company  
   450F.   Effect of contravention of this Division  

           Division 17--Miscellaneous

   451A.   Appointment of 2 or more administrators of company  
   451B.   Appointment of 2 or more administrators of deed of company arrangement  
   451C.   Effect of things done during administration of company  
   451D.   Time for doing act does not run while act prevented by this Part  

   PART 5.4----WINDING UP IN INSOLVENCY

           Division 1--When company to be wound up in insolvency

   459A.   Order that insolvent company be wound up in insolvency  
   459B.   Order made on application under section 234, 462 or 464  
   459C.   Presumptions to be made in certain proceedings  
   459D.   Contingent or prospective liability relevant to whether company solvent  

           Division 2--Statutory demand

   459E.   Creditor may serve statutory demand on company  
   459F.   When company taken to fail to comply with statutory demand  

           Division 3--Application to set aside statutory demand

   459G.   Company may apply  
   459H.   Determination of application where there is a dispute or offsetting claim  
   459J.   Setting aside demand on other grounds  
   459K.   Effect of order setting aside demand  
   459L.   Dismissal of application  
   459M.   Order subject to conditions  
   459N.   Costs where company successful  

           Division 4--Application for order to wind up company in insolvency

   459P.   Who may apply for order under section 459A  
   459Q.   Application relying on failure to comply with statutory demand  
   459R.   Period within which application must be determined  
   459S.   Company may not oppose application on certain grounds  
   459T.   Application to wind up joint debtors in insolvency  

   PART 5.4A----WINDING UP BY THE COURT ON OTHER GROUNDS

   461.    General grounds on which company may be wound up by Court  
   462.    Standing to apply for winding up  
   464.    Application for winding up in connection with investigation under ASIC Act  

   PART 5.4B----WINDING UP IN INSOLVENCY OR BY THE COURT

           Division 1A--Preliminary

   465.    Definitions  

           Division 1--General

   465A.   Notice of application  
   465B.   Substitution of applicants  
   465C.   Applicant to be given notice of grounds for opposing application  
   466.    Payment of preliminary costs etc.  
   467.    Court's powers on hearing application  
   467A.   Effect of defect or irregularity on application under Part 5.4 or 5.4A  
   467B.   Court may order winding up of company that is being wound up voluntarily  
   468.    Avoidance of dispositions of property, attachments etc.  
   468A.   Effect of winding up on company's members  
   469.    Application to be lis pendens  
   470.    Certain notices to be lodged  

           Division 1A--Effect of winding up order

   471.    Effect on creditors and contributories  
   471B.   Stay of proceedings and suspension of enforcement process  
   471C.   Secured creditor's rights not affected  

           Division 2--Court-appointed liquidators

   472.    Court to appoint registered liquidator  
   473.    Resignation of liquidators  
   473A.   Vacancies in office of court-appointed liquidator  
   474.    Custody and vesting of company's property  
   475.    Report as to company's affairs to be submitted to liquidator  
   477.    Powers of liquidator  
   478.    Application of property; list of contributories  
   480.    Release of liquidator and deregistration of company  
   481.    Orders for release or deregistration  

           Division 3--General powers of Court

              Subdivision A--General powers

   482.    Power to stay or terminate winding up  
   483.    Delivery of property to liquidator  
   484.    Appointment of special manager  
   485.    Claims of creditors and distribution of property  
   486.    Inspection of books by creditors and contributories  
   486A.   Court may make order to prevent officer or related entity from avoiding liability to company  
   486B.   Warrant to arrest person who is absconding, or who has dealt with property or books, in order to avoid obligations in connection with winding up  
   487.    Power to arrest absconding contributory  
   488.    Delegation to liquidator of certain powers of Court  
   489.    Powers of Court cumulative  

              Subdivision B--Procedures relating to section 486B warrants

   489A.   Arrest of person subject to warrant  
   489B.   Procedure after arrest  
   489C.   Procedure on remand on bail  
   489D.   Court's power to make orders under other provisions  
   489E.   Jurisdiction under this Subdivision  

   PART 5.4C----WINDING UP BY ASIC

   489EA.  ASIC may order the winding up of a company  
   489EB.  Deemed resolution that company be wound up voluntarily  
   489EC.  Appointment of liquidator  

   PART 5.5----VOLUNTARY WINDING UP

           Division 1A--Preliminary

   489F.   Definitions  

           Division 1--Resolution for winding up

   490.    When company cannot wind up voluntarily  
   491.    Circumstances in which company may be wound up voluntarily  
   493.    Effect of voluntary winding up  
   493A.   Effect of voluntary winding up on company's members  
   494.    Declaration of solvency  

           Division 2--Members' voluntary winding up

   495.    Appointment of liquidator etc.  
   496.    Duty of liquidator where company turns out to be insolvent  

           Division 3--Creditors' voluntary winding up

   497.    Information about the company's affairs  
   499.    Liquidators  
   500.    Execution and civil proceedings  

           Division 4--Voluntary winding up generally

   501.    Distribution of property of company  
   506.    Powers and duties of liquidator  
   506A.   Declarations by liquidator--relevant relationships and indemnities  
   507.    Power of liquidator to accept shares etc. as consideration for sale of property of company  
   509.    Deregistration  
   510.    Arrangement: when binding on creditors  

   PART 5.6----WINDING UP GENERALLY

           Division 1--Preliminary

   513.    Application of Part  
   513AA.  Definitions  

           Division 1A--When winding up taken to begin

   513A.   Winding up ordered by the Court  
   513B.   Voluntary winding up  
   513C.   Section 513C day in relation to an administration under Part 5.3A  
   513D.   Validity of proceedings in earlier winding up  

           Division 2--Contributories

   514.    Where Division applies  
   515.    General liability of contributory  
   516.    Company limited by shares  
   517.    Company limited by guarantee  
   518.    Company limited both by shares and by guarantee  
   519.    Exceptions for former unlimited company  
   520.    Past member: later debts  
   521.    Person ceasing to be a member a year or more before winding up  
   522.    Present members to contribute first  
   523.    Past member of former unlimited company  
   524.    Past member of former limited company  
   526.    Liability on certain contracts  
   527.    Nature of contributory's liability  
   528.    Death of contributory  
   529.    Bankruptcy of contributory  

           Division 3--Liquidators

   530.    Appointment of 2 or more liquidators of a company  
   530AA.  Appointment of 2 or more provisional liquidators of a company  
   530A.   Officers to help liquidator  
   530B.   Liquidator's rights to company's books  
   530C.   Warrant to search for, and seize, company's property or books  
   532.    Disqualification of liquidator  
   533.    Reports by liquidator  
   534.    Prosecution by liquidator of delinquent officers and members  
   535.    When liquidator has qualified privilege  
   537.    Notice of appointment and address of liquidator  

           Division 4--General

   541.    Notification that company is in liquidation  
   543.    Investment of surplus funds on general account  
   544.    Unclaimed money to be paid to ASIC  
   545.    Expenses of winding up where property insufficient  

           Division 6--Proof and ranking of claims

              Subdivision A--Admission to proof of debts and claims

   553.    Debts or claims that are provable in winding up  
   553A.   Member cannot prove debt unless contributions paid  
   553AA.  Selling shareholder cannot prove debt unless documents given  
   553AB.  Superannuation contribution debts not admissible to proof  
   553B.   Insolvent companies--penalties and fines not generally provable  
   553C.   Insolvent companies--mutual credit and set-off  
   553D.   Debts or claims may be proved formally or informally  
   553E.   Application of Bankruptcy Act to winding up of insolvent company  

              Subdivision B--Computation of debts and claims

   554.    General rule--compute amount as at relevant date  
   554A.   Determination of value of debts and claims of uncertain value  
   554B.   Discounting of debts payable after relevant date  
   554C.   Conversion into Australian currency of foreign currency debts or claims  

              Subdivision C--Special provisions relating to secured creditors of insolvent companies

   554D.   Application of Subdivision  
   554E.   Proof of debt by secured creditor  
   554F.   Redemption of security interest by liquidator  
   554G.   Amendment of valuation  
   554H.   Repayment of excess  
   554J.   Subsequent realisation of security interest  

              Subdivision D--Priorities

   555.    Debts and claims proved to rank equally except as otherwise provided  
   556.    Priority payments  
   558.    Debts due to employees  
   559.    Debts of a class to rank equally  
   560.    Advances for company to make priority payments in relation to employees  
   561.    Priority of employees' claims over circulating security interests  
   562.    Application of proceeds of contracts of insurance  
   562A.   Application of proceeds of contracts of reinsurance  
   563.    Provisions relating to injury compensation  
   563AA.  Seller under a buy-back agreement  
   563A.   Postponing subordinate claims  
   563AAA. Redemption of debentures  

              Subdivision E--Miscellaneous

   563B.   Interest on debts and claims from relevant date to date of payment  
   563C.   Debt subordination  
   564.    Power of Court to make orders in favour of certain creditors  

           Division 7--Effect on certain transactions

   565.    Undue preference  
   566.    Effect of floating charge  
   567.    Liquidator's right to recover in respect of certain transactions  

           Division 7A--Disclaimer of onerous property

   568.    Disclaimer by liquidator; application to Court by party to contract  
   568A.   Liquidator must give notice of disclaimer  
   568B.   Application to set aside disclaimer before it takes effect  
   568C.   When disclaimer takes effect  
   568D.   Effect of disclaimer  
   568E.   Application to set aside disclaimer after it has taken effect  
   568F.   Court may dispose of disclaimed property  

           Division 7B--Effect on enforcement process against company's property

   569.    Executions, attachments etc. before winding up  
   570.    Duties of sheriff after receiving notice of application  

           Division 8--Pooling

              Subdivision A--Pooling determinations

   571.    Pooling determination  
   572.    Variation of pooling determination  
   573.    Lodgment of copy of pooling determination etc.  
   577.    Eligible unsecured creditors may decide to approve the determination or variation  
   578.    When pooling determination comes into force etc.  
   579.    Duties of liquidator  
   579A.   Court may vary or terminate pooling determination  
   579B.   Court may cancel or confirm variation  
   579C.   When Court may void or validate pooling determination  
   579D.   Effect of termination or avoidance  

              Subdivision B--Pooling orders

   579E.   Pooling orders  
   579F.   Variation of pooling orders  
   579G.   Court may make ancillary orders etc.  
   579H.   Variation of ancillary orders etc.  
   579J.   Notice of application for pooling order etc.  
   579K.   Notice of pooling order etc.  
   579L.   Consolidated meetings of creditors  

              Subdivision C--Other provisions

   579M.   When debts or claims are provable in winding up  
   579N.   Group of companies  
   579P.   Secured debt may become unsecured  
   579Q.   Eligible unsecured creditor  

           Division 9--Co-operation between Australian and foreign courts in external administration matters

   580.    Definitions  
   581.    Courts to act in aid of each other  

   PART 5.7----WINDING UP BODIES OTHER THAN COMPANIES

   582.    Application of Part  
   583.    Winding up Part 5.7 bodies  
   585.    Insolvency of Part 5.7 body  
   586.    Contributories in winding up of Part 5.7 body  
   587.    Power of Court to stay or restrain proceedings  
   588.    Outstanding property of defunct registrable body  

   PART 5.7B----RECOVERING PROPERTY OR COMPENSATION FOR THE BENEFIT OF CREDITORS OF INSOLVENT COMPANY

           Division 1--Preliminary

   588C.   Definitions  
   588D.   Secured debt may become unsecured  
   588E.   Presumptions to be made in recovery proceedings  
   588F.   Certain taxation liabilities taken to be debts  

           Division 2--Voidable transactions

   588FA.  Unfair preferences  
   588FB.  Uncommercial transactions  
   588FC.  Insolvent transactions  
   588FD.  Unfair loans to a company  
   588FDA. Unreasonable director-related transactions  
   588FE.  Voidable transactions  
   588FF.  Courts may make orders about voidable transactions  
   588FG.  Transaction not voidable as against certain persons  
   588FGA. Directors to indemnify Commissioner of Taxation if certain payments set aside  
   588FGB. Defences in proceedings under section 588FGA  
   588FH.  Liquidator may recover from related entity benefit resulting from insolvent transaction  
   588FI.  Creditor who gives up benefit of unfair preference may prove for preferred debt  
   588FJ.  Circulating security interest created within 6 months before relation-back day  

           Division 2A--Vesting of PPSA security interests if not continuously perfected

   588FK.  Interpretation and application  
   588FL.  Vesting of PPSA security interests if collateral not registered within time  
   588FM.  Extension of time for registration  
   588FN.  PPSA security interests unaffected by section 588FL  
   588FO.  Certain lessors, bailors and consignors entitled to damages  

           Division 2B--Security interests in favour of company officers etc

   588FP.  Security interests in favour of an officer of a company etc. void  

           Division 3--Director's duty to prevent insolvent trading

   588G.   Director's duty to prevent insolvent trading by company  
   588H.   Defences  

           Division 4--Director liable to compensate company

              Subdivision A--Proceedings against director

   588J.   On application for civil penalty order, Court may order compensation  
   588K.   Criminal court may order compensation  
   588L.   Enforcement of order under section 588J or 588K  
   588M.   Recovery of compensation for loss resulting from insolvent trading  
   588N.   Avoiding double recovery  
   588P.   Effect of sections 588J, 588K and 588M  
   588Q.   Certificates evidencing contravention  

              Subdivision B--Proceedings by creditor

   588R.   Creditor may sue for compensation with liquidator's consent  
   588S.   Creditor may give liquidator notice of intention to sue for compensation  
   588T.   When creditor may sue for compensation without liquidator's consent  
   588U.   Events preventing creditor from suing  

           Division 5--Liability of holding company for insolvent trading by subsidiary

   588V.   When holding company liable  
   588W.   Recovery of compensation for loss resulting from insolvent trading  
   588X.   Defences  

           Division 6--Application of compensation under Division 4 or 5

   588Y.   Application of amount paid as compensation  

           Division 7--Person managing a corporation while disqualified may become liable for corporation's debts

   588Z.   Court may make order imposing liability  

   PART 5.8----OFFENCES

   589.    Interpretation and application  
   590.    Offences by officers of certain companies  
   592.    Incurring of certain debts; fraudulent conduct  
   593.    Powers of Court  
   594.    Certain rights not affected  
   595.    Inducement to be appointed liquidator etc. of company  
   596.    Frauds by officers  

   PART 5.8A----EMPLOYEE ENTITLEMENTS

   596AA.  Object and coverage of Part  
   596AB.  Entering into agreements or transactions to avoid employee entitlements  
   596AC.  Person who contravenes section 596AB liable to compensate for loss  
   596AD.  Avoiding double recovery  
   596AE.  Effect of section 596AC  
   596AF.  Employee may sue for compensation with liquidator's consent  
   596AG.  Employee may give liquidator notice of intention to sue for compensation  
   596AH.  When employee may sue for compensation without liquidator's consent  
   596AI.  Events preventing employee from suing  

   PART 5.9----MISCELLANEOUS

           Division 1--Examining a person about a corporation

   596A.   Mandatory examination  
   596B.   Discretionary examination  
   596C.   Affidavit in support of application under section 596B  
   596D.   Content of summons  
   596E.   Notice of examination  
   596F.   Court may give directions about examination  
   597.    Conduct of examination  
   597A.   When Court is to require affidavit about corporation's examinable affairs  
   597B.   Costs of unnecessary examination or affidavit  

           Division 2--Orders against a person in relation to a corporation

   598.    Order against person concerned with corporation  

           Division 3--Provisions applying to various kinds of external administration

   599.    Appeals from decisions of receivers etc.  
   600AA.  Duty of receiver, administrator or liquidator--parental leave pay  
   600F.   Limitation on right of suppliers of essential services to insist on payment as condition of supply  
   600G.   Electronic methods of giving or sending certain notices etc.  
   600H.   Rights if claim against the company postponed  
   600J.   Acts of external administrator valid etc.  

           Division 4--Insolvency Practice Schedule (Corporations)

   600K.   Insolvency Practice Schedule (Corporations)  
            

CHAPTER 5A--Deregistration, and transfer of registration, of companies
            

   PART 5A.1----DEREGISTRATION

   601.    Definitions  
   601AA.  Deregistration--voluntary  
   601AB.  Deregistration--ASIC initiated  
   601AC.  Deregistration--following amalgamation or winding up  
   601AD.  Effect of deregistration  
   601AE.  What the Commonwealth or ASIC does with the property  
   601AF.  The Commonwealth's and ASIC's power to fulfil outstanding obligations of deregistered company  
   601AG.  Claims against insurers of deregistered company  
   601AH.  Reinstatement  

   PART 5A.2----TRANSFER OF REGISTRATION

   601AI.  Transferring registration  
   601AJ.  Applying to transfer registration  
   601AK.  ASIC makes transfer of registration declaration  
   601AL.  ASIC to deregister company  
            

CHAPTER 5B--Bodies corporate registered as companies, and registrable bodies
            

   PART 5B.1----REGISTERING A BODY CORPORATE AS A COMPANY

           Division 1--Registration

   601BA.  Bodies corporate may be registered as certain types of companies  
   601BB.  Bodies registered as proprietary companies  
   601BC.  Applying for registration under this Part  
   601BD.  ASIC gives body ACN, registers as company and issues certificate  
   601BE.  Registered office  
   601BF.  Name  
   601BG.  Constitution  
   601BH.  Modifications of constitution  
   601BJ.  ASIC may direct company to apply for Court approval for modifications of constitution  
   601BK.  Establishing registers and minute books  
   601BL.  Registration of registered bodies  

           Division 2--Operation of this Act

   601BM.  Effect of registration under this Part  
   601BN.  Liability of members on winding up  
   601BP.  Bearer shares  
   601BQ.  References in pre-registration contracts and other documents to par value in existing contracts and documents  
   601BR.  First AGM  
   601BS.  Modification by regulations  

   PART 5B.2----REGISTRABLE BODIES

           Division 1A--Preliminary

   601C.   Definitions  

           Division 1--Registrable Australian bodies

   601CA.  When a registrable Australian body may carry on business in this jurisdiction and outside its place of origin  
   601CB.  Application for registration  
   601CC.  Cessation of business etc.  

           Division 2--Foreign companies

   601CD.  When a foreign company may carry on business in this jurisdiction  
   601CDA. Limited disclosure if place of origin is a prescribed country  
   601CE.  Application for registration  
   601CF.  Appointment of local agent  
   601CG.  Local agent: how appointed  
   601CH.  Local agent: how removed  
   601CJ.  Liability of local agent  
   601CK.  Balance-sheets and other documents  
   601CL.  Cessation of business etc.  
   601CM.  Register of members of foreign company  
   601CN.  Register kept under section 601CM  
   601CP.  Notifying ASIC about register kept under section 601CM  
   601CQ.  Effect of right to acquire shares compulsorily  
   601CR.  Index of members and inspection of registers  
   601CS.  Certificate as to shareholding  

           Division 3--Bodies registered under this Part

   601CTA. Limited disclosure if place of origin is a prescribed country  
   601CT.  Registered office  
   601CU.  Certificate of registration  
   601CV.  Notice of certain changes  
   601CW.  Body's name etc. must be displayed at office and place of business  
   601CX.  Service of documents on registered body  
   601CY.  Power to hold land  

           Division 4--Register of debenture holders for non-companies

   601CZA. Certain documents are debentures  
   601CZB. Register of debenture holders to be maintained by non-companies  
   601CZC. Location of register  
   601CZD. Application of sections 173 to 177  

   PART 5B.3----NAMES OF REGISTRABLE AUSTRALIAN BODIES AND FOREIGN COMPANIES

   601DA.  Reserving a name  
   601DB.  Acceptable abbreviations  
   601DC.  When a name is available  
   601DD.  Registered Australian bodies and registered foreign companies can carry on business with some names only  
   601DE.  Using a name and ARBN  
   601DF.  Exception to requirement to have ARBN on receipts  
   601DG.  Regulations may exempt from requirement to set out information on documents  
   601DH.  Notice of name change must be given to ASIC  
   601DJ.  ASIC's power to direct a registered name be changed  
            

CHAPTER 5C--Managed investment schemes
            

   PART 5C.1----REGISTRATION OF MANAGED INVESTMENT SCHEMES

   601EA.  Applying for registration  
   601EB.  Registration of managed investment scheme  
   601EC.  All documents etc. lodged with ASIC to bear ARSN or ABN  
   601ED.  When a managed investment scheme must be registered  
   601EE.  Unregistered schemes may be wound up  

   PART 5C.2----THE RESPONSIBLE ENTITY

           Division 1--Responsibilities and powers

   601FA.  Responsible entity to be public company and hold Australian financial services licence  
   601FB.  Responsible entity to operate scheme  
   601FC.  Duties of responsible entity  
   601FD.  Duties of officers of responsible entity  
   601FE.  Duties of employees of responsible entity  
   601FF.  Surveillance checks by ASIC  
   601FG.  Acquisition of interest in scheme by responsible entity  
   601FH.  Liquidator etc. of responsible entity entitled to exercise indemnity rights  

           Division 2--Changing the responsible entity

   601FJ.  Changes only take effect when ASIC alters record of registration  
   601FK.  Requirements of section 601FA must be met  
   601FL.  Retirement of responsible entity  
   601FM.  Removal of responsible entity by members  
   601FN.  ASIC or scheme member may apply to Court for appointment of temporary responsible entity  
   601FP.  Appointment of temporary responsible entity by Court  
   601FQ.  Temporary responsible entity to take steps for appointment of new responsible entity  

           Division 3--Consequences of change of responsible entity

   601FR.  Former responsible entity to hand over books and provide reasonable assistance  
   601FS.  Rights, obligations and liabilities of former responsible entity  
   601FT.  Effect of change of responsible entity on documents etc. to which former responsible entity is party  

   PART 5C.3----THE CONSTITUTION

   601GA.  Contents of the constitution  
   601GB.  Constitution must be legally enforceable  
   601GC.  Changing the constitution  

   PART 5C.4----THE COMPLIANCE PLAN

   601HA.  Contents of the compliance plan  
   601HB.  Compliance plan may incorporate provisions from another scheme's plan  
   601HC.  Directors must sign lodged copy of compliance plan  
   601HD.  ASIC may require further information about compliance plan  
   601HE.  Changing the compliance plan  
   601HF.  ASIC may require consolidation of compliance plan to be lodged  
   601HG.  Audit of compliance plan  
   601HH.  Removal and resignation of auditors  
   601HI.  Action on change of auditor of compliance plan  

   PART 5C.5----THE COMPLIANCE COMMITTEE

   601JA.  When is a compliance committee required?  
   601JB.  Membership of compliance committee  
   601JC.  Functions of compliance committee  
   601JD.  Duties of members  
   601JE.  Compliance committee members have qualified privilege in certain cases  
   601JF.  When can responsible entity indemnify compliance committee members?  
   601JG.  When can responsible entity pay insurance premiums for compliance committee members?  
   601JH.  Proceedings of compliance committee  
   601JJ.  Disclosure of interests  

   PART 5C.6----MEMBERS' RIGHTS TO WITHDRAW FROM A SCHEME

   601KA.  Members' rights to withdraw  
   601KB.  Non-liquid schemes--offers  
   601KC.  Non-liquid schemes--only one withdrawal offer to be open at any time  
   601KD.  Non-liquid schemes--how payments are to be made  
   601KE.  Non-liquid schemes--responsible entity may cancel withdrawal offer  

   PART 5C.7----RELATED PARTY TRANSACTIONS

   601LA.  Chapter 2E applies with modifications  
   601LB.  Replacement section 207  
   601LC.  Replacement section 208  
   601LD.  Omission of sections 213, 214 and 224  
   601LE.  Modification of section 225  

   PART 5C.8----EFFECT OF CONTRAVENTIONS (CIVIL LIABILITY AND VOIDABLE CONTRACTS)

   601MA.  Civil liability of responsible entity to members  
   601MB.  Voidable contracts where subscription offers and invitations contravene this Act  

   PART 5C.9----WINDING UP

   601NA.  Winding up required by scheme's constitution  
   601NB.  Winding up at direction of members  
   601NC.  Winding up if scheme's purpose accomplished or cannot be accomplished  
   601ND.  Winding up ordered by Court  
   601NE.  The winding up of the scheme  
   601NF.  Other orders about winding up  
   601NG.  Unclaimed money to be paid to ASIC  

   PART 5C.10----DEREGISTRATION

   601PA.  Deregistration--voluntary  
   601PB.  Deregistration by ASIC  
   601PC.  Reinstatement  

   PART 5C.11----EXEMPTIONS AND MODIFICATIONS

   601QA.  ASIC's power to make exemption and modification orders  
   601QB.  Modification by regulations  
            

CHAPTER 5D--Licensed trustee companies
            

   PART 5D.1----PRELIMINARY

   601RAA. Definitions  
   601RAB. Meaning of trustee company and client of trustee company  
   601RAC. Meaning of traditional trustee company services and estate management functions  
   601RAD. Meaning of person with a proper interest  
   601RAE. Interaction between trustee company provisions and State and Territory laws  

   PART 5D.2----POWERS ETC. OF LICENSED TRUSTEE COMPANIES

           Division 1--General provisions

   601SAA. Jurisdiction of courts not affected etc.  
   601SAB. Regulations may prescribe other powers etc.  
   601SAC. Powers etc. conferred by or under this Chapter are in addition to other powers etc.  

           Division 2--Accounts

   601SBA. Licensed trustee company not required to file accounts  
   601SBB. Licensed trustee company may be required to provide account in relation to estate  
   601SBC. Court may order audit  

           Division 3--Common funds

   601SCA. Common funds of licensed trustee companies  
   601SCAA.Common funds that are also registered schemes  
   601SCB. Obligations relating to common funds  
   601SCC. Regulations relating to establishment or operation of common funds  
   601SCD. Arm's length transactions  

   PART 5D.3----REGULATION OF FEES CHARGED BY LICENSED TRUSTEE COMPANIES

           Division 1--Disclosure of fees

   601TAA. Schedule of fees to be published and available  
   601TAB. Disclosure to clients of changed fees  

           Division 2--General provisions about charging fees

   601TBA. Charging of fees for the provision of traditional trustee company services  
   601TBB. Part does not prevent charging of fees as agreed etc.  
   601TBC. Part does not prevent charging fee for provision of account  
   601TBD. Part does not prevent reimbursement  
   601TBE. Estate management functions: payment of fees out of estate  

           Division 3--Fees otherwise than for being trustee or manager of a charitable trust

   601TCA. Fees otherwise than for being the trustee or manager of a charitable trust  
   601TCB. Additional amount for preparation of returns etc.  

           Division 4--Fees for being trustee or manager of a charitable trust

              Subdivision A--New client charitable trusts

   601TDA. Subdivision applies to new client charitable trusts  
   601TDB. What the trustee company may charge  
   601TDC. Option 1: capital commission and income commission  
   601TDD. Option 2: annual management fee  
   601TDE. Additional amount if trust money is in a common fund  
   601TDF. Additional amount for preparation of returns etc.  

              Subdivision B--Existing client charitable trusts

   601TDG. Subdivision applies to existing client charitable trusts  
   601TDH. Trustee company not to charge more than was being charged before section commenced  
   601TDI. Additional amount if trust money is in a common fund  
   601TDJ. Additional amount for preparation of returns etc.  

           Division 5--Miscellaneous

   601TEA. Power of the Court with respect to excessive fees  
   601TEB. Directors' fees  

   PART 5D.4----DUTIES OF OFFICERS AND EMPLOYEES OF LICENSED TRUSTEE COMPANIES

   601UAA. Duties of officers of licensed trustee company  
   601UAB. Duties of employees of licensed trustee company  

   PART 5D.5----LIMIT ON CONTROL OF LICENSED TRUSTEE COMPANIES

           Division 1--15% voting power limit

   601VAA. Meaning of unacceptable control situation  
   601VAB. Acquisitions of shares  
   601VAC. Remedial orders  
   601VAD. Injunctions  

           Division 2--Approval to exceed 15% voting power limit

   601VBA. Application for approval to exceed 15% voting power limit  
   601VBB. Approval of application  
   601VBC. Duration of approval  
   601VBD. Conditions of approval  
   601VBE. Varying percentage approved  
   601VBF. Revoking an approval  
   601VBG. Minister may require further information from applicants  
   601VBH. Minister may seek views of licensed trustee company and its clients  
   601VBI. Time limit for Minister's decision  

           Division 3--Other matters

   601VCA. Acquisition of property  
   601VCB. Interests of clients to be viewed as a group  
   601VCC. Anti-avoidance  

   PART 5D.6----ASIC-APPROVED TRANSFERS OF ESTATE ASSETS AND LIABILITIES

           Division 1--Preliminary

   601WAA. Definitions  

           Division 2--Transfer of estate assets and liabilities

   601WBA. Transfer determinations  
   601WBB. When consent of receiving company is in force  
   601WBC. Complementary State or Territory legislation  
   601WBD. Minister's power to decide that his or her consent is not required  
   601WBE. Determinations may impose conditions  
   601WBF. Notice of determination  
   601WBG. Certificate of transfer  
   601WBH. Notice of certificate  
   601WBI. Time and effect of transfer  
   601WBJ. Substitution of trustee company  
   601WBK. Liabilities for breach of trust and other matters not affected by this Part  

           Division 3--Other matters related to the transfer of estate assets and liabilities

   601WCA. Certificates evidencing operation of Act etc.  
   601WCB. Certificates in relation to land and interests in land  
   601WCC. Certificates in relation to other assets  
   601WCD. Documents purporting to be certificates  
   601WCE. Construction of references to transferring company  
   601WCF. Income or other distribution received by transferring company  
   601WCG. Access to books  
   601WCH. Minister or ASIC may seek views of trustee company and its clients  

           Division 4--Miscellaneous

   601WDA. Transferring company required to contact certain persons  

   PART 5D.7----CONTRAVENTIONS AND HOLDING OUT

   601XAA. Civil liability of licensed trustee companies  
   601XAB. Prohibition on holding out  

   PART 5D.8----EXEMPTIONS AND MODIFICATIONS

   601YAA. Exemptions and modifications by ASIC  
   601YAB. Exemptions and modifications by regulations  
            

CHAPTER 6--Takeovers
            

   602.    Purposes of Chapter  
   602A.   Substantial interest concept  
   603.    Chapter extends to some listed bodies that are not companies  
   604.    Chapter extends to listed managed investment schemes  
   605.    Classes of securities  

   PART 6.1----PROHIBITED ACQUISITIONS OF RELEVANT INTERESTS IN VOTING SHARES

   606.    Prohibition on certain acquisitions of relevant interests in voting shares  
   607.    Effect on transactions  
   608.    Relevant interests in securities  
   609.    Situations not giving rise to relevant interests  
   610.    Voting power in a body or managed investment scheme  

   PART 6.2----EXCEPTIONS TO THE PROHIBITION

   611.    Exceptions to the prohibition  
   612.    Effect of non-compliance with takeover rules for exceptions 1 to 4  
   613.    Bidder not to exercise voting rights if failure to send bids for off-market acquisition--exception 2 or 3  
   615.    Treatment of foreign holders under equal access issue--exception 10  

   PART 6.3----THE DIFFERENT TYPES OF TAKEOVER BID

   616.    Off-market bids and market bids  

   PART 6.4----FORMULATING THE TAKEOVER OFFER

           Division 1--General

   617.    Securities covered by the bid  
   618.    Offers must be for all or a proportion of securities in the bid class  
   619.    General terms of the offer  
   620.    Off-market bid (offer formalities)  

           Division 2--Consideration for the offer

   621.    Consideration offered  
   622.    Escalation agreements  
   623.    Collateral benefits not allowed  

           Division 3--The offer period

   624.    Offer period  

           Division 4--Conditional offers

   625.    Conditional offers--general  
   626.    Maximum acceptance conditions in off-market bids  
   627.    Discriminatory conditions not allowed for off-market bids  
   628.    Conditions requiring payments to officers of target not allowed in off-market bids  
   629.    Conditions turning on bidder's or associate's opinion not allowed in off-market bids  
   630.    Defeating conditions  

   PART 6.5----THE TAKEOVER PROCEDURE

           Division 1--The overall procedure

   631.    Proposing or announcing a bid  
   632.    Overview of steps in an off-market bid  
   633.    Detailed steps in an off-market bid  
   634.    Overview of steps in a market bid  
   635.    Detailed steps in a market bid  

           Division 2--The bidder's statement

   636.    Bidder's statement content  
   637.    Bidder's statement formalities  

           Division 3--The target's response

   638.    Target's statement content  
   639.    Target's statement formalities  
   640.    Expert's report to accompany target's statement if bidder connected with target  
   641.    Target must inform bidder about securities holdings  
   642.    Expenses of directors of target companies  

           Division 4--Updating and correcting the bidder's statement and target's statement

   643.    Supplementary bidder's statement  
   644.    Supplementary target's statement  
   645.    Form of supplementary statement  
   646.    Consequences of lodging a supplementary statement  
   647.    To whom supplementary statement must be sent  

           Division 5--General rules on takeover procedure

              Subdivision A--Experts' reports

   648A.   Experts' reports  

              Subdivision B--Sending documents to holders of securities

   648B.   Address at which bidder may send documents to holders of securities  
   648C.   Manner of sending documents to holders of securities  

              Subdivision C--Effect of proportional takeover approval provisions

   648D.   Constitution may contain proportional takeover approval provisions  
   648E.   Resolution to be put if proportional bid made  
   648F.   Effect of rejection of approval resolution  
   648G.   Including proportional takeover provisions in constitution  
   648H.   Effect of Subdivision  

   PART 6.6----VARIATION OF OFFERS

           Division 1--Market bids

   649A.   General  
   649B.   Market bids--raising bid price  
   649C.   Market bids--extending the offer period  

           Division 2--Off-market bids (express variation by bidder)

   650A.   General  
   650B.   Off-market bids--consideration offered  
   650C.   Off-market bids--extension of offer period  
   650D.   Off-market bids--method of making variation  
   650E.   Right to withdraw acceptance  
   650F.   Freeing off-market bids from defeating conditions  
   650G.   Contracts and acceptances void if defeating condition not fulfilled  

           Division 3--Off-market bids (automatic variations)

   651A.   Off-market bid--effect on bid consideration of purchases made outside bid  
   651B.   How to make an election for new forms of consideration  
   651C.   Returning securities as part of election  

   PART 6.7----WITHDRAWAL AND SUSPENSION OF OFFERS

   652A.   Withdrawal of unaccepted offers under takeover bid  
   652B.   Withdrawal of takeover offers with ASIC consent  
   652C.   Withdrawal of market bids  

   PART 6.8----ACCEPTANCES

   653A.   Acceptance of offers made under off-market bid  
   653B.   Acceptances by transferees and nominees of offers made under off-market bid  

   PART 6.9----OTHER ACTIVITIES DURING THE BID PERIOD

   654A.   Bidder not to dispose of securities during the bid period  
   654B.   Disclosures about substantial shareholdings in listed companies  
   654C.   Disclosures about substantial shareholdings in unlisted companies  

   PART 6.10----REVIEW AND INTERVENTION

           Division 1--ASIC's power to exempt and modify

   655A.   ASIC's power to exempt and modify  
   655B.   Notice of decision and review rights  

           Division 2--The Takeovers Panel

              Subdivision A--Review of ASIC's exercise of its exemption or modification powers

   656A.   Review of exercise of exemption or modification powers  
   656B.   Operation and implementation of a decision that is subject to review  

              Subdivision B--Unacceptable circumstances

   657A.   Declaration of unacceptable circumstances  
   657B.   When Panel may make declaration  
   657C.   Applying for declarations and orders  
   657D.   Orders that Panel may make following declaration  
   657E.   Interim orders  
   657EA.  Internal Panel reviews  
   657EB.  References by Courts  
   657F.   Offence to contravene Panel order  
   657G.   Orders by the Court where contravention or proposed contravention of Panel order  
   657H.   ASIC may publish report about application to Panel or Court  

              Subdivision C--General provisions

   658A.   Power of Panel where a proceeding is frivolous or vexatious  
   658B.   Evidentiary value of findings of fact by Panel  
   658C.   Panel's power to make rules  
   658D.   Inconsistency between Panel rules and ASIC exemption or declaration  

           Division 3--Court powers

   659A.   Panel may refer questions of law to the Court  
   659AA.  Object of sections 659B and 659C  
   659B.   Court proceedings before end of bid period  
   659C.   Court proceedings after end of bid period  
            

CHAPTER 6A--Compulsory acquisitions and buy-outs
            

   660A.   Chapter extends to some listed bodies that are not companies  
   660B.   Chapter extends to listed managed investment schemes  

   PART 6A.1----COMPULSORY ACQUISITIONS AND BUY-OUTS FOLLOWING TAKEOVER BID

           Division 1--Compulsory acquisition of bid class securities

   661A.   Compulsory acquisition power following takeover bid  
   661B.   Compulsory acquisition notice  
   661C.   Terms on which securities to be acquired  
   661D.   Holder may obtain names and addresses of other holders  
   661E.   Holder may apply to Court to stop acquisition  
   661F.   Signpost--completing the acquisition of the securities  

           Division 2--Compulsory buy-out of bid class securities

   662A.   Bidder must offer to buy out remaining holders of bid class securities  
   662B.   Bidder to tell remaining holders of their right to be bought out  
   662C.   Right of remaining holder of securities in the bid class to be bought out  

           Division 3--Compulsory buy-out of convertible securities

   663A.   Bidder must offer to buy out holders of convertible securities  
   663B.   Bidder to tell holders of convertible securities of their right to be bought out  
   663C.   Right of holders of convertible securities to be bought out  

   PART 6A.2----GENERAL COMPULSORY ACQUISITIONS AND BUY-OUTS

           Division 1--Compulsory acquisition of securities by 90% holder

   664A.   Threshold for general compulsory acquisition power  
   664AA.  Time limit on exercising compulsory acquisition power  
   664B.   The terms for compulsory acquisition  
   664C.   Compulsory acquisition notice  
   664D.   Benefits outside compulsory acquisition procedure  
   664E.   Holder's right to object to the acquisition  
   664F.   The Court's power to approve acquisition  
   664G.   Signpost--completing the acquisition of the securities  

           Division 2--Compulsory buy-out of convertible securities by 100% holder

   665A.   100% holder must offer to buy out holders of convertible securities  
   665B.   100% holder to tell holders of convertible securities of their right to be bought out  
   665C.   Right of holders of convertible securities to be bought out  

   PART 6A.3----COMPLETION OF COMPULSORY ACQUISITION OF SECURITIES

   666A.   Completing the acquisition of securities  
   666B.   Statutory procedure for completion  

   PART 6A.4----EXPERTS' REPORTS AND VALUATIONS

   667A.   Expert's report  
   667AA.  Expert to be nominated  
   667B.   Expert must not be an associate and must disclose prior dealings and relationships  
   667C.   Valuation of securities  

   PART 6A.5----RECORDS OF UNCLAIMED CONSIDERATION

   668A.   Company's power to deal with unclaimed consideration for compulsory acquisition  
   668B.   Unclaimed consideration to be transferred to ASIC  

   PART 6A.6----ASIC POWERS

   669.    ASIC's power to exempt and modify  
            

CHAPTER 6B--Rights and liabilities in relation to Chapter 6 and 6A matters
            

   670A.   Misstatements in, or omissions from, takeover and compulsory acquisition and buy-out documents  
   670B.   Right to recover for loss or damage resulting from contravention  
   670C.   People liable on takeover or compulsory acquisition statement to inform maker about deficiencies in the statement  
   670D.   Defences against prosecutions under subsection 670A(3) and actions under section 670B  
   670E.   Liability for proposing a bid or not carrying through with bid  
   670F.   Defences  
            

CHAPTER 6C--Information about ownership of listed companies and managed investment schemes
            

   671A.   Chapter extends to some listed bodies that are not companies  

   PART 6C.1----SUBSTANTIAL HOLDING INFORMATION

   671B.   Information about substantial holdings must be given to company, responsible entity and relevant market operator  
   671C.   Civil liability  

   PART 6C.2----TRACING BENEFICIAL OWNERSHIP OF SHARES

   672A.   Disclosure notices  
   672B.   Disclosure by member of relevant interests and instructions  
   672C.   ASIC may pass information on to person who made request  
   672D.   Fee for complying with a direction given by a company or scheme under this Part  
   672DA.  Register of information about relevant interests in listed company or listed managed investment scheme  
   672E.   No notice of rights  
   672F.   Civil liability  

   PART 6C.3----ASIC POWERS

   673.    ASIC's power to exempt and modify  
            

CHAPTER 6CA--Continuous disclosure
            

   674.    Continuous disclosure--listed disclosing entity bound by a disclosure requirement in market listing rules  
   675.    Continuous disclosure--other disclosing entities  
   676.    Sections 674 and 675--when information is generally available  
   677.    Sections 674 and 675--material effect on price or value  
   678.    Application of Criminal Code to offences based on subsection 674(2), 674(5) or 675(2)  
            

CHAPTER 6D--Fundraising
            

   PART 6D.1----APPLICATION OF THE FUNDRAISING PROVISIONS

   700.    Coverage of the fundraising rules  
   702.    Treatment of offers of options over securities  
   703.    Chapter may not be contracted out of  
   703A.   Operating a clearing and settlement facility is not offering securities etc.  

   PART 6D.2----DISCLOSURE TO INVESTORS ABOUT SECURITIES

           Division 1--Overview

   704.    When disclosure to investors is needed  
   705.    Types of disclosure document  

           Division 2--Offers that need disclosure to investors

   706.    Issue offers that need disclosure  
   707.    Sale offers that need disclosure  
   708.    Offers that do not need disclosure  
   708AA.  Rights issues that do not need disclosure  
   708A.   Sale offers that do not need disclosure  

           Division 3--Types of disclosure documents

   709.    Prospectuses, short-form prospectuses, profile statements and offer information statements  

           Division 4--Disclosure requirements

   710.    Prospectus content--general disclosure test  
   711.    Prospectus content--specific disclosures  
   712.    Prospectus content--short form prospectuses  
   713.    Special prospectus content rules for continuously quoted securities  
   713A.   Offer of simple corporate bonds  
   713B.   Simple corporate bonds--2-part simple corporate bonds prospectus  
   713C.   Simple corporate bonds--base prospectus  
   713D.   Simple corporate bonds--offer-specific prospectus  
   713E.   Simple corporate bonds--prospectus may refer to other material lodged with ASIC  
   714.    Contents of profile statement  
   715.    Contents of offer information statement  
   715A.   Presentation etc. of disclosure documents  
   716.    Disclosure document date and consents  

           Division 5--Procedure for offering securities

   717.    Overview of procedure for offering securities  
   718.    Lodging of disclosure document  
   719.    Lodging supplementary or replacement document--general  
   719A.   Lodging supplementary or replacement document--2-part simple corporate bonds prospectus  
   720.    Consents needed for lodgment  
   721.    Offer must be made in, or accompanied by, the disclosure document  
   722.    Application money to be held on trust  
   723.    Issuing or transferring the securities under a disclosure document  
   724.    Choices open to person making the offer if disclosure document condition not met or disclosure document defective  
   725.    Expiration of disclosure document  

   PART 6D.3----PROHIBITIONS, LIABILITIES AND REMEDIES

           Division 1--Prohibitions and liabilities

   726.    Offering securities in a body that does not exist  
   727.    Offering securities without a current disclosure document  
   728.    Misstatement in, or omission from, disclosure document  
   729.    Right to recover for loss or damage resulting from contravention  
   730.    People liable on disclosure document to inform person making the offer about deficiencies in the disclosure document  
   731.    Due diligence defence for prospectuses  
   732.    Lack of knowledge defence for offer information statements and profile statements  
   733.    General defences for all disclosure documents  
   734.    Restrictions on advertising and publicity  
   735.    Obligation to keep consents and other documents  
   736.    Securities hawking prohibited  

           Division 2--Remedies

   737.    Remedies for investors  
   738.    Securities may be returned and refund obtained  

   PART 6D.4----ASIC'S POWERS

   739.    ASIC stop orders  
   740.    Anti-avoidance determinations  
   741.    ASIC's power to exempt and modify  

   PART 6D.5----MISCELLANEOUS

   742.    Exemptions and modifications by regulations  
            

CHAPTER 7--Financial services and markets
            

   PART 7.1----PRELIMINARY

           Division 1--Object of Chapter and outline of Chapter

   760A.   Object of Chapter  
   760B.   Outline of Chapter  

           Division 2--Definitions

   761A.   Definitions  
   761B.   Meaning of arrangement--2 or more arrangements that together form a derivative or other financial product  
   761C.   Meaning of carry on a financial services business  
   761CA.  Meaning of class and kind of financial products and financial services  
   761D.   Meaning of derivative  
   761E.   Meaning of issued, issuer, acquire and provide in relation to financial products  
   761EA.  Meaning of margin lending facility, margin call and associated expressions  
   761F.   Meaning of person--generally includes a partnership  
   761FA.  Meaning of person--generally includes multiple trustees  
   761G.   Meaning of retail client and wholesale client  
   761GA.  Meaning of retail client--sophisticated investors  
   761H.   References to this Chapter include references to regulations or other instruments made for the purposes of this Chapter  

           Division 3--What is a financial product

              Subdivision A--Preliminary

   762A.   Overview of approach to defining what a financial product is  
   762B.   What if a financial product is part of a broader facility?  
   762C.   Meaning of facility  

              Subdivision B--The general definition

   763A.   General definition of financial product  
   763B.   When a person makes a financial investment  
   763C.   When a person manages financial risk  
   763D.   When a person makes non-cash payments  
   763E.   What if a financial product is only incidental?  

              Subdivision C--Specific inclusions

   764A.   Specific things that are financial products (subject to Subdivision D)  

              Subdivision D--Specific exclusions

   765A.   Specific things that are not financial products  

           Division 4--When does a person provide a financial service

   766A.   When does a person provide a financial service?  
   766B.   Meaning of financial product advice  
   766C.   Meaning of dealing  
   766D.   Meaning of makes a market for a financial product  
   766E.   Meaning of provide a custodial or depository service  

           Division 5--What is a financial market

   767A.   What is a financial market?  

           Division 6--What is a clearing and settlement facility

   768A.   What is a clearing and settlement facility?  

           Division 7--General provisions relating to civil and criminal liability

   769A.   Part 2.5 of Criminal Code does not apply  
   769B.   People are generally responsible for the conduct of their agents, employees etc.  
   769C.   Representations about future matters taken to be misleading if made without reasonable grounds  

   PART 7.2----LICENSING OF FINANCIAL MARKETS

           Division 1--Preliminary

   790A.   Definition  

           Division 2--Requirement to be licensed

   791A.   Need for a licence  
   791B.   Other prohibitions on holding out  
   791C.   Exemptions by Minister  
   791D.   When a market is taken to be operated in this jurisdiction  

           Division 3--Regulation of market licensees

              Subdivision A--Licensee's obligations

   792A.   General obligations  
   792B.   Obligation to notify ASIC of certain matters  
   792C.   Giving ASIC information about a listed disclosing entity  
   792D.   Obligation to assist ASIC  
   792E.   Obligation to give ASIC access to market facilities  
   792F.   Annual report  
   792G.   Obligations to notify people about clearing and settlement arrangements in certain circumstances  
   792H.   Change of country by foreign licensee  
   792I.   Making information about compensation arrangements publicly available  

              Subdivision B--The market's operating rules and procedures

   793A.   Content of the operating rules and procedures  
   793B.   Legal effect of operating rules  
   793C.   Enforcement of operating rules  
   793D.   Changing the operating rules  
   793E.   Disallowance of changes to operating rules  

              Subdivision C--Powers of the Minister and ASIC

   794A.   Minister's power to give directions  
   794B.   Minister's power to require special report  
   794C.   ASIC assessment of licensee's compliance  
   794D.   ASIC's power to give directions  
   794E.   Additional directions to clearing and settlement facilities  

           Division 4--The Australian market licence

              Subdivision A--How to get a licence

   795A.   How to apply for a licence  
   795B.   When a licence may be granted  
   795C.   Publication of notice of licence grant  
   795D.   More than one licence in the same document  
   795E.   More than one market covered by the same licence  

              Subdivision B--The conditions on the licence

   796A.   The conditions on the licence  

              Subdivision C--When a licence can be varied, suspended or cancelled

   797A.   Varying licences  
   797B.   Immediate suspension or cancellation  
   797C.   Suspension or cancellation following hearing and report  
   797D.   Effect of suspension  
   797E.   Variation or revocation of suspension  
   797F.   Publication of notice of licence suspension or cancellation  
   797G.   Suspension and cancellation only in accordance with this Subdivision  

           Division 5--Other matters

   798A.   Matters to be taken into account by the Minister  
   798B.   ASIC may give advice to Minister  
   798C.   Market licensee or related body corporate etc. listing on market  
   798D.   Exemptions and modifications for self-listing licensees or related bodies corporate etc.  
   798DA.  Market licensee, related body corporate etc. or competitor participating in market  
   798E.   Other potential conflict situations  

   PART 7.2A----SUPERVISION OF FINANCIAL MARKETS

   798F.   ASIC to supervise financial markets  
   798G.   Market integrity rules  
   798H.   Complying with market integrity rules  
   798J.    Directions by ASIC  
   798K.   Alternatives to civil proceedings  
   798L.   Exemptions and modifications by regulations  
   798M.   Exemptions by Minister  

   PART 7.3----LICENSING OF CLEARING AND SETTLEMENT FACILITIES

           Division 1--Requirement to be licensed

   820A.   Need for a licence  
   820B.   Other prohibitions on holding out  
   820C.   Exemptions by Minister  
   820D.   When a clearing and settlement facility is taken to be operated in this jurisdiction  

           Division 2--Regulation of CS facility licensees

              Subdivision A--Licensee's obligations

   821A.   General obligations  
   821B.   Obligation to notify ASIC of certain matters  
   821BA.  Obligation to notify Reserve Bank of certain matters  
   821C.   Obligation to assist  
   821D.   Obligation to give ASIC access to the facility  
   821E.   Annual report  
   821F.   Change of country by foreign licensee  

              Subdivision B--The facility's operating rules and procedures

   822A.   Content of the operating rules and procedures  
   822B.   Legal effect of operating rules  
   822C.   Enforcement of operating rules  
   822D.   Changing the operating rules  
   822E.   Disallowance of changes to operating rules  

              Subdivision C--Powers of the Minister, ASIC and the Reserve Bank in relation to licensees

   823A.   Minister's power to give directions  
   823B.   Minister's power to require special report  
   823C.   ASIC assessment of licensee's compliance  
   823CA.  Reserve Bank assessment of licensee's compliance  
   823D.   Directions power--protecting dealings in financial products and ensuring fair and effective provision of services by CS facilities  
   823E.   Directions power--reduction of systemic risk  

           Division 3--The Australian CS facility licence

              Subdivision A--How to get a licence

   824A.   How to apply for a licence  
   824B.   When a licence may be granted  
   824C.   Publication of notice of licence grant  
   824D.   More than one licence in the same document  
   824E.   More than one CS facility covered by the same licence  

              Subdivision B--The conditions on the licence

   825A.   The conditions on the licence  

              Subdivision C--When a licence can be varied, suspended or cancelled

   826A.   Varying licences  
   826B.   Immediate suspension or cancellation  
   826C.   Suspension or cancellation following hearing and report  
   826D.   Effect of suspension  
   826E.   Variation or revocation of suspension  
   826F.   Publication of notice of licence suspension or cancellation  
   826G.   Suspension and cancellation only in accordance with this Subdivision  

           Division 4--Other matters

   827A.   Matters to be taken into account by the Minister  
   827B.   ASIC may give advice to Minister  
   827C.   Reserve Bank may give advice to Minister  
   827D.   Reserve Bank may determine financial stability standards  

   PART 7.4----LIMITS ON INVOLVEMENT WITH LICENSEES

           Division 1--Limit on control of certain licensees

              Subdivision A--15

   850A.   Scope of Division  
   850B.   Meaning of unacceptable control situation  
   850C.   Acquisitions of shares  
   850D.   Remedial orders  
   850E.   Injunctions  

              Subdivision B--Approval to exceed 15

   851A.   Application for approval to exceed 15% voting power limit  
   851B.   Approval of application  
   851C.   Duration of approval  
   851D.   Conditions of approval  
   851E.   Varying percentage approved  
   851F.   Revoking an approval  
   851G.   Further information about applications  
   851H.   Time limit for Minister's decision  
   851I.   Preservation of voting power in relation to bodies specified in regulations made for section 850A  

              Subdivision C--Other matters

   852A.   Acquisition of property  
   852B.   Anti-avoidance  

           Division 2--Individuals who are not fit and proper are disqualified

   853A.   Who is disqualified  
   853B.   When an individual is involved in an operator  
   853C.   Declaration by ASIC  
   853D.   Procedure for declaration  
   853E.   Revoking a declaration  
   853F.   Obligations on disqualified individuals  
   853G.   Notification by ASIC  

           Division 3--Miscellaneous

   854A.   Record-keeping and giving of information  
   854B.   Exemptions and modifications by regulations  

   PART 7.5----COMPENSATION REGIMES FOR FINANCIAL MARKETS

           Division 1--Preliminary

   880A.   Part does not apply to markets licensed under special provisions about overseas markets  
   880B.   Definitions  

           Division 2--When there must be a compensation regime

   881A.   Licensed markets through which participants provide services for retail clients must generally have a compensation regime  
   881B.   Additional requirements for the licence application  
   881C.   What happens if an application contains information in accordance with paragraph 881B(2)(c)  
   881D.   What happens if an application contains a statement in accordance with paragraph 881B(2)(d)  

           Division 3--Approved compensation arrangements

              Subdivision A--Approval of compensation arrangements

   882A.   How to get compensation arrangements approved with grant of licence  
   882B.   How to get compensation arrangements approved after licence is granted  
   882C.   Revocation of approval  
   882D.   Minister's power to give directions  

              Subdivision B--Effect of compensation rules forming part of Division 3 arrangements

   883A.   Legal effect of compensation rules  
   883B.   Enforcement of compensation rules  
   883C.    Other sources of funds for compensation  
   883D.   Payment of levies  

              Subdivision C--Changing Division 3 arrangements

   884A.   Division 3 arrangements must generally only be changed in accordance with this Subdivision  
   884B.   Changing Division 3 arrangements--matters required to be dealt with in the compensation rules  
   884C.   Changing Division 3 arrangements--matters not required to be dealt with in the compensation rules  

              Subdivision D--Are compensation arrangements adequate

   885A.   Purpose of this Subdivision  
   885B.   Requirements to be complied with for arrangements to be adequate  
   885C.   The losses to be covered  
   885D.   Certain losses that are not Division 3 losses  
   885E.   The amount of compensation  
   885F.   Method of payment of compensation  
   885G.   Making and determination of claims  
   885H.   The source of funds--general  
   885I.   Administration and monitoring  
   885J.   The losses to be covered--other matters to be taken into account  

              Subdivision E--Other provisions about Division 3 arrangements

   886A.   Only one claim in respect of the same loss  
   886B.   Regulations relating to fidelity funds  

           Division 4--NGF Compensation regime

              Subdivision A--Application of Division

   887A.   Markets to which this Division applies  

              Subdivision B--Claims for and payment of compensation

   888A.   The situations in which compensation may be claimed  
   888B.   Kinds of compensation available  
   888C.   Amount of compensation payable  
   888D.   Payment of compensation  
   888E.   Making and determination of claims  
   888F.   The SEGC has power to determine claims  
   888G.   Allowing a claim does not constitute an admission of any other liability  
   888H.   Claimant may apply to Court if claim disallowed  
   888I.   Non-NGF property of the SEGC not available to meet claims  
   888J.   The SEGC may enter into contracts of insurance or indemnity  
   888K.   NGF may be used to acquire financial products to be transferred as compensation  

              Subdivision C--The NGF

   889A.   Continuation of the National Guarantee Fund  
   889B.   Compensation to be provided out of the NGF  
   889C.   The SEGC to keep the NGF  
   889D.   What the NGF consists of  
   889E.   Power to borrow etc. for purposes of the NGF  
   889F.   Money borrowed and paid to the SEGC  
   889G.   Money borrowed and not paid to the SEGC  
   889H.   Payments out of the NGF  
   889I.   Minimum amount of the NGF  
   889J.   Levy by the SEGC  
   889K.   Levy by market operator  

              Subdivision D--The SEGC

   890A.   Minister to nominate the SEGC  
   890B.   The SEGC's functions and powers  
   890C.   Delegation  
   890D.   Operating rules of the SEGC  
   890E.   Legal effect of the SEGC's operating rules  
   890F.   Enforcement of the SEGC's operating rules  
   890G.   Changing the SEGC's operating rules  
   890H.   Disallowance of changes to the SEGC's operating rules  

              Subdivision E--Other provisions relating to compensation under this Division

   891A.   Payment out of the NGF to prescribed body with arrangements covering clearing and settlement facility support  
   891B.   Markets operated by bodies corporate that become members of the SEGC--regulations may deal with transitional provisions and other matters  
   891C.   Regulations may make different provision in respect of different markets etc.  

           Division 5--Provisions common to both kinds of compensation arrangements

   892A.   Definitions  
   892B.   How regulated funds are to be kept  
   892C.   Money in regulated funds may be invested  
   892D.   Powers of relevant authority to require production or delivery of documents or statements  
   892E.   Power to require assistance for purpose of dealing with a claim  
   892F.   Relevant authority's right of subrogation if compensation is paid  
   892G.   Excess money in compensation funds  
   892H.   Accounting and reporting for regulated funds  
   892I.   Division 3 arrangements--reporting in situations where compensation does not come out of a regulated fund  
   892J.   Regulations may provide for qualified privilege in respect of certain matters  
   892K.   Risk assessment report  

           Division 6--Miscellaneous

   893A.   Exemptions and modifications by regulations  
   893B.   Exemptions by Minister  

   PART 7.5A----REGULATION OF DERIVATIVE TRANSACTIONS AND DERIVATIVE TRADE REPOSITORIES

           Division 1--Application of Part

   900A.   Derivatives and transactions etc. to which this Part applies  

           Division 2--Regulation of derivative transactions

              Subdivision A--Power to make derivative transaction rules

   901A.   ASIC may make derivative transaction rules  
   901B.    Derivatives in relation to which rules may impose requirements  
   901C.   Regulations may limit the transactions in relation to which rules may impose requirements  
   901D.   Regulations may limit the persons on whom requirements may be imposed  

              Subdivision B--Compliance with derivative transaction rules

   901E.   Obligation to comply with derivative transaction rules  
   901F.    Alternatives to civil proceedings  
   901G.   Failure to comply with derivative transaction rules does not invalidate transaction etc.  

              Subdivision C------The process of making of derivative transaction rules

   901H.   Matters to which ASIC must have regard when making rules  
   901J.   ASIC to consult before making rules  
   901K.   Ministerial consent to rules required  
   901L.   Emergency rules: consultation and consent not required  
   901M.   Amendment and revocation of derivative transaction rules  

           Division 3--Regulation of licensed derivative trade repositories

   902A.   ASIC to supervise licensed derivative trade repositories  

           Division 4--Regulation of licensed derivative trade repositories

              Subdivision A--Power to make derivative trade repository rules

   903A.   ASIC may make derivative trade repository rules  
   903B.    Rules may only impose requirements on operators and officers of licensed derivative trade repositories  
   903C.   Regulations may limit how rules may deal with matters related to derivative trade data  

              Subdivision B--Compliance with derivative trade repository rules

   903D.   Obligation to comply with derivative trade repository rules  
   903E.    Alternatives to civil proceedings  

              Subdivision C--The process of making derivative trade repository rules

   903F.   Matters to which ASIC has regard when making rules  
   903G.   ASIC to consult before making rules  
   903H.   Ministerial consent to rules required  
   903J.   Emergency rules: consultation and consent not required  
   903K.   Amendment and revocation of derivative trade repository rules  

           Division 5--Regulation of licensed derivative trade repositories

              Subdivision A--Obligations

   904A.   General obligations  
   904B.   Obligations relating to derivative trade data  
   904C.   Obligation to notify ASIC of certain matters  
   904D.   Obligation to assist ASIC, APRA and the Reserve Bank  
   904E.   Obligation to give ASIC access to derivative trade repository facilities  

              Subdivision B--Powers of Minister and ASIC to give directions etc

   904F.   Minister's power to give directions to licensee not complying with obligations  
   904G.   ASIC's power to give directions to licensee not complying with obligations  
   904H.   ASIC's power to give directions requiring special reports  
   904J.   ASIC may assess licensee's compliance  
   904K.   Directions relating to derivative trade data if repository ceases to be licensed  

           Division 6--Regulation of licensed derivative trade repositories

              Subdivision A--Requirement for some trade repositories to be licensed

   905A.   Regulations may identify derivative trade repositories as being required to be licensed  

              Subdivision B--Granting of licences

   905B.   How to apply for a licence  
   905C.   When a licence may be granted  
   905D.   Publication of notice of licence grant  
   905E.   More than one derivative trade repository covered by the same licence  

              Subdivision C--The conditions on a licence

   905F.   The conditions on the licence  

              Subdivision D--When a licence can be varied, suspended or cancelled

   905G.   Varying licences  
   905H.   Immediate suspension or cancellation  
   905J.   Suspension or cancellation following hearing and report  
   905K.   Effect of suspension  
   905L.   Variation or revocation of suspension  
   905M.   Publication of notice of licence suspension or cancellation  
   905N.   Suspension and cancellation only in accordance with this Subdivision  

              Subdivision E--Other matters

   905P.   Matters to be taken into account by ASIC  

           Division 7--Regulation of prescribed derivative trade repositories

   906A.   Regulations may impose obligations and confer powers  

           Division 8--Other matters

   907A.   Other prohibitions on holding out  
   907B.   Making provision by reference to instruments as in force from time to time  
   907C.   Compliance with requirements to provide derivative trade data or other information: protection from liability  
   907D.   Exemptions by ASIC  
   907E.   Exemptions and modifications by regulations  

   PART 7.6----LICENSING OF PROVIDERS OF FINANCIAL SERVICES

           Division 1--Preliminary

   910A.   Definitions  

           Division 2--Requirement to be licensed or authorised

   911A.   Need for an Australian financial services licence  
   911B.   Providing financial services on behalf of a person who carries on a financial services business  
   911C.   Prohibition on holding out  
   911D.   When a financial services business is taken to be carried on in this jurisdiction  

           Division 3--Obligations of financial services licensees

   912A.   General obligations  
   912B.   Compensation arrangements if financial services provided to persons as retail clients  
   912C.   Direction to provide a statement  
   912CA.  Regulations may require information to be provided  
   912D.   Obligation to notify ASIC of certain matters  
   912E.   Surveillance checks by ASIC  
   912F.   Obligation to cite licence number in documents  

           Division 4--Australian financial services licences

              Subdivision A--How to get a licence

   913A.   Applying for a licence  
   913B.   When a licence may be granted  
   913C.   Licence numbers  

              Subdivision B--The conditions on the licence

   914A.   The conditions on the licence  

              Subdivision C--When a licence can be varied, suspended or cancelled

   915A.   Varying licences  
   915B.   Immediate suspension or cancellation  
   915C.   Suspension or cancellation after offering a hearing  
   915D.   Effect of suspension  
   915E.   Revocation of suspension  
   915F.   Date of effect and publication of cancellation or suspension  
   915G.   Statement of reasons  
   915H.   ASIC may allow licence to continue in effect  
   915I.   Special procedures for APRA-regulated bodies  
   915J.   Variation, suspension and cancellation only under this Subdivision  

           Division 5--Authorised representatives

   916A.   How representatives are authorised  
   916B.   Sub-authorisations  
   916C.   Authorised representative of 2 or more licensees  
   916D.   Licensees cannot authorise other licensees  
   916E.   Licensees acting under a binder  
   916F.   Obligation to notify ASIC etc. about authorised representatives  
   916G.   ASIC may give licensee information about representatives  

           Division 6--Liability of financial services licensees for representatives

   917A.   Application of Division  
   917B.   Responsibility if representative of only one licensee  
   917C.   Representatives of multiple licensees  
   917D.   Exception if lack of authority is disclosed to client  
   917E.   Responsibility extends to loss or damage suffered by client  
   917F.   Effect of Division  

           Division 8--Banning or disqualification of persons from providing financial services

              Subdivision A--Banning orders

   920A.   ASIC's power to make a banning order  
   920B.   What is a banning order?  
   920C.   Effect of banning orders  
   920D.   Variation or cancellation of banning orders  
   920E.   Date of effect and publication of banning order, variation or cancellation  
   920F.   Statement of reasons  

              Subdivision B--Disqualification by the Court

   921A.   Disqualification by the Court  

           Division 8A--Professional standards for relevant providers

              Subdivision A--Education and training standards

   921B.   Meaning of education and training standards  
   921C.   Limitation on authorisation to provide personal advice unless conditions met  
   921D.   Relevant providers to meet continuing professional development standard  

              Subdivision B--Ethical standards

   921E.   Relevant providers to comply with the Code of Ethics  

              Subdivision C--Provisional relevant providers

   921F.   Requirements relating to provisional relevant providers  

           Division 8B--Compliance schemes

              Subdivision A--Compliance schemes to cover relevant providers

   921G.   Meaning of compliance scheme  
   921H.   Financial services licensees to ensure compliance scheme covers relevant providers  
   921J.   When a compliance scheme covers a relevant provider  

              Subdivision B--Approval of compliance schemes

   921K.   Approval of compliance schemes  

              Subdivision C--Investigations by monitoring body

   921L.   Investigations by monitoring body  
   921M.   Offences relating to investigations by monitoring body  
   921N.   Obligation to notify licensee of failure to comply with Code of Ethics  

              Subdivision D--Other provisions

   921P.   Obligation to ensure that compliance scheme is publicly available  
   921Q.   Obligation to provide ASIC with information  
   921R.   Modification of compliance scheme  
   921S.   Obligation to review compliance scheme  
   921T.   Obligation to notify ASIC of changes to monitoring body  

           Division 8C--The standards body

              Subdivision A--Functions of the standards body

   921U.   Functions of the standards body  
   921V.   Approval of foreign qualifications  
   921W.   Commencement of Code of Ethics and amendments of Code of Ethics  

              Subdivision B--Declaration of the standards body

   921X.   Minister to declare a body corporate to be the standards body  
   921Y.   Minister may revoke declaration under section 921X  

              Subdivision C--Other provisions relating to the standards body

   921Z.   Modification of the standards body's constitution  
   921ZA.  Disallowance of modifications of the standards body's constitution  
   921ZB.  Minister may direct the standards body to do certain things  
   921ZC.  Annual report  

           Division 9--Registers relating to financial services

              Subdivision A--Registers generally

   922A.   Registers relating to financial services  
   922B.   Fees for searching registers  

              Subdivision B--Notice requirements relating to the Register of Relevant Providers

   922D.   Obligation to notify ASIC about a person who becomes a relevant provider  
   922E.   Information about a relevant provider who is a financial services licensee  
   922F.   Information about a relevant provider who is not a financial services licensee  
   922G.   Meaning of recent advising history  
   922H.   Ongoing obligation to notify ASIC when there is a change in a matter for a relevant provider  
   922HA.  Obligation to notify ASIC of financial services licensee's CPD year  
   922HB.  Obligation to notify ASIC of non-compliance with continuing professional development standard  
   922HC.  Requirement to retain information  
   922HD.  Obligation to notify ASIC in relation to failures to comply with the Code of Ethics  
   922J.   Obligation to notify ASIC about a person who starts to have control of a body corporate licensee  
   922K.   Obligation to notify ASIC about a person who ceases to have control of a body corporate licensee  
   922L.   Requirement for notice to be lodged  
   922M.   Offence for failing to comply with obligation to notify ASIC  
   922N.   Obligation for relevant providers to provide information to financial services licensees  
   922P.   Change in matter within 30 business days  

              Subdivision C--Register of Relevant Providers

   922Q.   Register of Relevant Providers  
   922R.   Relevant provider number  
   922S.   Correcting the Register  

           Division 10--Restrictions on use of terminology

   923A.   Restriction on use of certain words or expressions  
   923B.   Restriction on use of certain words or expressions unless authorised in licence conditions  
   923C.   Restriction on use of terms "financial adviser" and "financial planner"  

           Division 11--Agreements with unlicensed persons relating to the provision of financial services

              Subdivision A--Agreements affected

   924A.   Agreements with certain unlicensed persons  

              Subdivision B--Effect on agreements

   925A.   Client may give notice of rescission  
   925B.   Effect of notice under section 925A  
   925C.   Client may apply to Court for partial rescission  
   925D.   Court may make consequential orders  
   925E.   Agreement unenforceable against client  
   925F.   Non-licensee not entitled to recover commission  
   925G.   Onus of establishing non-application of section 925E or 925F  
   925H.   Client may recover commission paid to non-licensee  
   925I.   Remedies under this Division additional to other remedies  

           Division 12--Miscellaneous

   926A.   Exemptions and modifications by ASIC  
   926B.   Exemptions and modifications by regulations  

   PART 7.7----FINANCIAL SERVICES DISCLOSURE

           Division 1--Preliminary

   940A.   How Part applies if a financial services licensee is acting as authorised representative  
   940B.   What if there is no reasonable opportunity to give a document, information or statement required by this Part?  
   940C.   How documents, information and statements are to be given  
   940D.   General approach to offence provisions  

           Division 2--Person provided with financial service as retail client to be given a Financial Services Guide

              Subdivision A--Requirement for a Financial Services Guide to be given

   941A.   Obligation on financial services licensee to give a Financial Services Guide if financial service provided to person as a retail client  
   941B.   Obligation on authorised representative to give a Financial Services Guide if financial service provided to person as a retail client  
   941C.   Situations in which a Financial Services Guide is not required  
   941D.   Timing of giving Financial Services Guide  
   941E.   Information must be up to date  
   941F.   Obligation to give updated Financial Services Guide  

              Subdivision B--Content and authorisation of Financial Services Guide

   942A.   Title of Financial Services Guide  
   942B.   Financial Services Guide given by financial services licensee--main requirements  
   942C.   Financial Services Guide given by authorised representative--main requirements  
   942D.   Financial Services Guide may consist of 2 or more separate documents given at same time  
   942DA.  Combining a Financial Services Guide and a Product Disclosure Statement in a single document  
   942E.   Altering a Financial Services Guide after its preparation and before giving it to a person  

              Subdivision C--Supplementary Financial Services Guides

   943A.   What a Supplementary Financial Services Guide is  
   943B.   Title of Supplementary Financial Services Guide  
   943C.   Form of Supplementary Financial Services Guide  
   943D.   Effect of giving a person a Supplementary Financial Services Guide  
   943E.   Situation in which only a Supplementary Financial Services Guide need be given  
   943F.   Altering a Supplementary Financial Services Guide after its preparation and before giving it to a person  

           Division 3--Additional requirements for personal advice provided to a retail client

              Subdivision A--When this Division applies

   944A.   Situation in which Division applies  

              Subdivision C--Requirement for a Statement of Advice to be given

   946A.   Obligation to give client a Statement of Advice  
   946AA.  Small investments--Statement of Advice not required  
   946B.   Other situations in which a Statement of Advice is not required  
   946C.   Timing of giving Statement of Advice  

              Subdivision D--Content of Statement of Advice

   947A.   Title of Statement of Advice  
   947B.   Statement of Advice given by financial services licensee--main requirements  
   947C.   Statement of Advice given by authorised representative--main requirements  
   947D.   Additional requirements when advice recommends replacement of one product with another  
   947E.   Statement of Advice not to be combined with Financial Services Guide or Product Disclosure Statement  

              Subdivision E--Other matters

   948A.   Qualified privilege if providing entity complies with this Division  

           Division 4--Other disclosure requirements

   949A.   General advice provided to retail client--obligation to warn client that advice does not take account of client's objectives, financial situation or needs  
   949B.   Regulations may impose disclosure requirements in certain situations  

           Division 6--Miscellaneous

   951A.   Part cannot be contracted out of  
   951B.   Exemptions and modifications by ASIC  
   951C.   Exemptions and modifications by regulations  

           Division 7--Enforcement

              Subdivision A--Offences

   952A.   Overview  
   952B.   Definitions  
   952C.   Offence of failing to give a disclosure document or statement  
   952D.   Offence of giving a disclosure document or statement knowing it to be defective  
   952E.   Offence of giving a defective disclosure document or statement (whether or not known to be defective)  
   952F.   Offences of financial services licensee knowingly providing defective disclosure material to an authorised representative  
   952G.   Offences of financial services licensee providing disclosure material to an authorised representative (whether or not known to be defective)  
   952H.   Offence of financial services licensee failing to ensure authorised representative gives disclosure documents or statements as required  
   952I.   Offences if a Financial Services Guide (or Supplementary FSG) does not comply with certain requirements  
   952J.   Offence if a Statement of Advice does not comply with certain requirements  
   952K.   Offence if authorised representative gives out unauthorised Financial Services Guide (or Supplementary FSG)  
   952L.   Offences if financial services licensee or authorised representative becomes aware that a Financial Services Guide (or Supplementary FSG) is defective  
   952M.   Offence of unauthorised alteration of Financial Services Guide or Supplementary Financial Services Guide  

              Subdivision B--Civil liability

   953A.   Definitions  
   953B.   Civil action for loss or damage  
   953C.   Additional powers of court to make orders  

   PART 7.7A----BEST INTERESTS OBLIGATIONS AND REMUNERATION

           Division 1--Preliminary

   960.    Definitions  
   960A.   No contracting out  
   960B.   Obligations under this Part in addition to other obligations  

           Division 2--Best interests obligations

              Subdivision A--Preliminary

   961.    Application of this Division  
   961A.   Application to a financial services licensee acting as an authorised representative  

              Subdivision B--Provider must act in the best interests of the client

   961B.   Provider must act in the best interests of the client  
   961C.   When is something reasonably apparent?  
   961D.   What is a reasonable investigation?  
   961E.   What would reasonably be regarded as in the best interests of the client?  
   961F.   What is a basic banking product?  

              Subdivision C--Resulting advice must be appropriate to the client

   961G.   Resulting advice must be appropriate to the client  

              Subdivision D--Where resulting advice still based on incomplete or inaccurate information

   961H.   Resulting advice still based on incomplete or inaccurate information  

              Subdivision E--Provider to give priority to the client's interests

   961J.   Conflict between client's interests and those of provider, licensee, authorised representative or associates  

              Subdivision F--Responsibilities of licensees under this Division

   961K.   Civil penalty provision--sections 961B, 961G, 961H and 961J  
   961L.   Licensees must ensure compliance  
   961M.   Civil action for loss or damage  
   961N.   Additional powers of Court to make orders  
   961P.   Responsible licensee  

              Subdivision G--Responsibilities of authorised representatives under this Division

   961Q.   Civil penalty provision--sections 961B, 961G, 961H and 961J  

           Division 3--Charging ongoing fees to clients

              Subdivision A--Preliminary

   962.    Application of this Division  
   962A.   Ongoing fee arrangements  
   962B.   Ongoing fees  
   962C.   Fee recipients  
   962CA.  Exemption from application of opt-in requirement  

              Subdivision B--Termination, disclosure and renewal

   962D.   Application of this Subdivision  
   962E.   Client may terminate arrangement at any time  
   962F.   Arrangement terminates if this Subdivision not complied with  
   962G.   Fee recipient must give fee disclosure statement  
   962H.   Fee disclosure statements  
   962J.   Disclosure day  
   962K.   Fee recipient must give renewal notice  
   962L.   Renewal notice day and renewal period  
   962M.   If client notifies fee recipient that client does not wish to renew  
   962N.   If client does not notify fee recipient that client wishes to renew  
   962P.   Civil penalty provision--charging ongoing fees after arrangement terminated  
   962Q.   Effect of termination  

              Subdivision C--Disclosure for arrangements to which Subdivision B does not apply

   962R.   Application of this Subdivision  
   962S.   Fee recipient must give fee disclosure statement  

           Division 4--Conflicted remuneration

              Subdivision A--Preliminary

   963.    Application to a financial services licensee acting as an authorised representative  

              Subdivision B--What is conflicted remuneration

   963A.   Conflicted remuneration  
   963B.   Monetary benefit given in certain circumstances not conflicted remuneration  
   963C.   Non-monetary benefit given in certain circumstances not conflicted remuneration  
   963D.   Benefits for employees etc. of ADIs  

              Subdivision C--Ban on conflicted remuneration

   963E.   Licensee must not accept conflicted remuneration  
   963F.   Licensee must ensure compliance  
   963G.   Authorised representative must not accept conflicted remuneration  
   963H.   Other representatives must not accept conflicted remuneration  
   963J.   Employer must not give employees conflicted remuneration  
   963K.   Product issuer or seller must not give conflicted remuneration  
   963L.   Volume-based benefits presumed to be conflicted remuneration  

           Division 5--Other banned remuneration

              Subdivision A--Volume-based shelf-space fees

   964.    Application  
   964A.   Platform operator must not accept volume-based shelf-space fees  

              Subdivision B--Asset-based fees on borrowed amounts

   964B.   Application  
   964C.   Application to a financial services licensee acting as an authorised representative  
   964D.   Financial services licensees must not charge asset-based fees on borrowed amounts  
   964E.   Authorised representatives must not charge asset-based fees on borrowed amounts  
   964F.   What is an asset-based fee?  
   964G.   Meaning of borrowed  
   964H.   When is something reasonably apparent?  

           Division 6--Anti-avoidance

   965.    Anti-avoidance  

           Division 7--Transition

   966.    Transition period  
   967.    Best interests obligations and remuneration provisions to apply during transition period  
   968.    Notice to clients in transition period  

   PART 7.8----OTHER PROVISIONS RELATING TO CONDUCT ETC. CONNECTED WITH FINANCIAL PRODUCTS AND FINANCIAL SERVICES, OTHER THAN FINANCIAL PRODUCT DISCLOSURE

           Division 1--Preliminary

   980A.   Matters covered by this Part  
   980B.   General approach to offence provisions  

           Division 2--Dealing with clients' money

              Subdivision A--Money other than loans

   981A.   Money to which Subdivision applies  
   981B.   Obligation to pay money into an account  
   981C.   Regulations may deal with various matters relating to accounts maintained for the purposes of section 981B  
   981D.   Money related to derivatives may be used for general margining etc. purposes  
   981E.   Protection of money from attachment etc.  
   981F.   Regulations may deal with how money to be dealt with if licensee ceases to be licensed etc.  
   981G.   Account provider not liable merely because of licensee's contravention  
   981H.   Money to which Subdivision applies taken to be held in trust  

              Subdivision B--Loan money

   982A.   Money to which this Subdivision applies  
   982B.   Obligation to pay money into an account  
   982C.   Licensee to give client statement setting out terms of loan etc.  
   982D.   Permitted use of loan  

              Subdivision C--Powers of Court

   983A.   Court may freeze certain accounts  
   983B.   Interim order freezing accounts  
   983C.   Duty of person to whom order directed to make full disclosure  
   983D.   Further orders and directions  
   983E.   Power of Court to make order relating to payment of money  

           Division 3--Dealing with other property of clients

   984A.   Property to which Division applies  
   984B.   How property to which this Division applies is to be dealt with  

           Division 4--Special provisions relating to insurance

   985A.   Definitions etc.  
   985B.   Status of amounts paid to financial services licensees in respect of contracts of insurance  
   985C.   Regulations may impose other requirements etc. if financial services licensee is not the insurer  
   985D.   Financial services licensees etc. not to deal in general insurance products from unauthorised insurers etc.  

           Division 4A--Special provisions relating to margin lending facilities

              Subdivision A--Responsible lending conduct for margin lending facilities

   985EA.  Application of this Subdivision  
   985E.   Requirements before issuing etc. margin lending facility  
   985F.   Assessment of unsuitability of margin lending facility  
   985G.   Reasonable inquiries etc. about the retail client  
   985H.   When margin lending facility must be assessed as unsuitable  
   985J.   Giving the retail client the assessment  
   985K.   Unsuitable margin lending facilities  

              Subdivision B--Notice of margin calls under margin lending facilities

   985L.   Issue of margin lending facility must not be conditional on agreement to receive communications through agent  
   985M.   Notification of margin calls  

           Division 5--Obligations to report

   986A.   Reporting in relation to money to which Subdivision A or B of Division 2 applies or property to which Division 3 applies  
   986B.   Reporting in relation to dealings in derivatives  

           Division 6--Financial records, statements and audit

              Subdivision A--Preliminary

   987A.   Application of Division  

              Subdivision B--Financial records of financial services licensees

   988A.   Obligation to keep financial records  
   988B.   Records to be kept so that profit and loss statements and balance sheet can be prepared and audited  
   988C.   Language of records  
   988D.   Location of records  
   988E.   Particular categories of information to be shown in records  
   988F.   Regulations may impose additional requirements  
   988G.   Records taken to be made with licensee's authority  

              Subdivision C--Financial statements of financial services licensees

   989A.   Meaning of financial year  
   989B.   Financial services licensee to prepare and lodge annual profit and loss statement and balance sheet  
   989C.   Requirements as to contents and applicable accounting principles  
   989CA.  Audit to be conducted in accordance with auditing standards  
   989D.   Time of lodgment  

              Subdivision D--Appointment etc

   990A.   Sections 990B to 990H not to apply to public companies  
   990B.   Appointment of auditor by licensee  
   990C.   When a person or firm is ineligible to act as auditor  
   990D.   Ineligible person or firm must not consent to act or disqualify themselves etc.  
   990E.   Duration of appointment of auditors  
   990F.   Removal of auditors  
   990G.   Resignation of auditors--requirements for resignation  
   990H.   Resignation of auditors--when resignation takes effect  
   990I.   Auditor's right of access to records, information etc.  
   990J.   Auditor's fees and expenses  
   990K.   Auditor to report on certain matters  
   990L.   Qualified privilege for auditor etc.  

           Division 7--Other rules about conduct

   991A.   Financial services licensee not to engage in unconscionable conduct  
   991B.   Financial services licensee to give priority to clients' orders  
   991C.   Regulations may deal with various matters relating to instructions to deal through licensed markets  
   991D.   Regulations may require records to be kept in relation to instructions to deal on licensed markets and foreign markets  
   991E.   Obligations of financial services licensee in relation to dealings with non-licensees  
   991F.   Dealings involving employees of financial services licensees  

           Division 8--Miscellaneous

   992A.   Prohibition on hawking of certain financial products  
   992AA.  Prohibition of hawking of managed investment products  
   992B.   Exemptions and modifications by ASIC  
   992C.   Exemptions and modifications by regulations  

           Division 9--Enforcement

   993A.   Overview  
   993B.   Offence of failing to pay client money into an account as required  
   993C.   Offence of failing to comply with requirements relating to client money account  
   993D.   Offence of failing to pay loan money into an account as required  
            

CHAPTER 7--Financial services and markets
            

   PART 7.9----FINANCIAL PRODUCT DISCLOSURE AND OTHER PROVISIONS RELATING TO ISSUE, SALE AND PURCHASE OF FINANCIAL PRODUCTS

           Division 1--Preliminary

   1010A.  Part generally does not apply to securities  
   1010B.  Part does not apply to financial products not issued in the course of a business  
   1010BA. Part does not apply to contribution plans  
   1010C.  Special provisions about meaning of sale and offer  
   1010D.  General approach to offence provisions  

           Division 2--Product Disclosure Statements

              Subdivision A--Preliminary

   1011A.  Jurisidictional scope of Division  
   1011B.  Definitions  
   1011C.  Treatment of offers of options over financial products  

              Subdivision B--Requirement for a Product Disclosure Statement to be given

   1012A.  Obligation to give Product Disclosure Statement--personal advice recommending particular financial product  
   1012B.  Obligation to give Product Disclosure Statement--situations related to issue of financial products  
   1012C.  Obligation to give Product Disclosure Statement--offers related to sale of financial products  
   1012D.  Situations in which Product Disclosure Statement is not required  
   1012DAA.Rights issues for which Product Disclosure Statement is not required  
   1012DA. Product Disclosure Statement not required for sale amounting to indirect issue  
   1012E.  Small scale offerings of managed investment and other prescribed financial products (20 issues or sales in 12 months)  
   1012F.  Product Disclosure Statement for certain superannuation products may be provided later  
   1012G.  Product Disclosure Statement may sometimes be provided later  
   1012H.  Obligation to take reasonable steps to ensure that Product Disclosure Statement is given to person electing to be covered by group financial product  
   1012I.  Obligation to give employer a Product Disclosure Statement in relation to certain superannuation products and RSA products  
   1012IA. Treatment of arrangements under which a person can instruct another person to acquire a financial product  
   1012J.  Information must be up to date  
   1012K.  Anti-avoidance determinations  

              Subdivision C--Preparation and content of Product Disclosure Statements

   1013A.  Who must prepare Product Disclosure Statement  
   1013B.  Title of Product Disclosure Statement  
   1013C.  Product Disclosure Statement content requirements  
   1013D.  Product Disclosure Statement content--main requirements  
   1013DA. Information about ethical considerations etc.  
   1013E.  General obligation to include other information that might influence a decision to acquire  
   1013F.  General limitations on extent to which information is required to be included  
   1013FA. Information not required to be included in PDS for continuously quoted securities  
   1013G.  Product Disclosure Statement must be dated  
   1013H.  Requirements if Product Disclosure Statement states or implies that financial product will be able to be traded  
   1013I.  Extra requirements if Product Disclosure Statement relates to managed investment products that are ED securities  
   1013J.  Requirements if Statement has been lodged with ASIC  
   1013K.  Requirements relating to consents to certain statements  
   1013L.  Product Disclosure Statement may consist of 2 or more separate documents given at same time  
   1013M.  Combining a Product Disclosure Statement and a Financial Services Guide in a single document  

              Subdivision D--Supplementary Product Disclosure Statements

   1014A.  What a Supplementary Product Disclosure Statement is  
   1014B.  Title of Supplementary Product Disclosure Statement  
   1014C.  Form of Supplementary Product Disclosure Statement  
   1014D.  Effect of giving person a Supplementary Product Disclosure Statement  
   1014E.  Situation in which only a Supplementary Product Disclosure Statement need be given  
   1014F.  Application of other provisions in relation to Supplementary Product Disclosure Statements  

              Subdivision DA--Replacement Product Disclosure Statements

   1014G.  Application of this Subdivision--stapled securities  
   1014H.  What a Replacement Product Disclosure Statement is  
   1014J.  Consequences of lodging a Replacement Product Disclosure Statement  
   1014K.  Form, content and preparation of Replacement Product Disclosure Statements  
   1014L.  Giving, lodgment and notice of Replacement Product Disclosure Statements  

              Subdivision E--Other requirements relating to Product Disclosure Statements and Supplementary Product Disclosure Statements

   1015A.  Subdivision applies to Product Disclosure Statements and Supplementary Product Disclosure Statements  
   1015B.  Some Statements must be lodged with ASIC  
   1015C.  How a Statement is to be given  
   1015D.  Notice, retention and access requirements for Statement that does not need to be lodged  
   1015E.  Altering a Statement after its preparation and before giving it to a person  

              Subdivision F--Other rights and obligations related to Product Disclosure Statements

   1016A.  Provisions relating to use of application forms  
   1016B.  If Statement lodged with ASIC, financial product is not to be issued or sold before specified period  
   1016C.  Minimum subscription condition must be fulfilled before issue or sale  
   1016D.  Condition about ability to trade on a market must be fulfilled before issue or sale  
   1016E.  Choices open to person making the offer if disclosure condition not met or Product Disclosure Statement defective  
   1016F.  Remedies for person acquiring financial product under defective Product Disclosure Document  

           Division 3--Other disclosure obligations of the issuer of a financial product

   1017A.  Obligation to give additional information on request  
   1017B.  Ongoing disclosure of material changes and significant events  
   1017BA. Trustees of regulated superannuation funds--obligation to make product dashboard publicly available  
   1017BB. Trustees of registrable superannuation entities--obligation to make information relating to investment of assets publicly available  
   1017BC. Obligations relating to investment of assets of registrable superannuation entities--general rule about giving notice and providing information  
   1017BD. Obligations relating to investment of assets of registrable superannuation entities--giving notice to providers under custodial arrangements  
   1017BE. Obligations relating to investment of assets of registrable superannuation entities--giving notice to acquirers under custodial arrangements  
   1017C.  Information for existing holders of superannuation products and RSA products  
   1017D.  Periodic statements for retail clients for financial products that have an investment component  
   1017DA. Trustees of superannuation entities--regulations may specify additional obligations to provide information  
   1017E.  Dealing with money received for financial product before the product is issued  
   1017F.  Confirming transactions  
   1017G.  Certain product issuers and regulated persons must meet appropriate dispute resolution requirements  

           Division 4--Advertising for financial products

   1018A.  Advertising or other promotional material for financial product must refer to Product Disclosure Statement  
   1018B.  Prohibition on advertising personal offers covered by section 1012E  

           Division 5--Cooling-off periods

   1019A.  Situations in which this Division applies  
   1019B.  Cooling-off period for return of financial product  

           Division 5A--Unsolicited offers to purchase financial products off-market

   1019C.  Definitions  
   1019D.  Offers to which this Division applies  
   1019E.  How offers are to be made  
   1019F.  Prohibition on inviting offers to sell  
   1019G.  Duration and withdrawal of offers  
   1019H.  Terms of offer cannot be varied  
   1019I.  Contents of offer document  
   1019J.  Obligation to update market value  
   1019K.  Rights if requirements of Division not complied with  

           Division 5B--Disclosure etc

   1020AA. Definitions  
   1020AB. Seller disclosure  
   1020AC. Licensee disclosure  
   1020AD. Public disclosure of information  
   1020AE. Licensee's obligation to ask seller about short sale  
   1020AF. Regulations  

           Division 5C--Information about CGS depository interests

   1020AG. Jurisdictional scope of Division  
   1020AH. Definitions  
   1020AI. Requirement to give information statements for CGS depository interest if recommending acquisition of interest  
   1020AJ. Information statement given must be up to date  
   1020AK. How an information statement is to be given  
   1020AL. Civil action for loss or damage  

           Division 6--Miscellaneous

   1020A.  Offers etc. relating to certain managed investment schemes not to be made in certain circumstances  
   1020B.  Prohibition of certain short sales of securities, managed investment products and certain other financial products  
   1020D.  Part cannot be contracted out of  
   1020E.  Stop orders by ASIC  
   1020F.  Exemptions and modifications by ASIC  
   1020G.  Exemptions and modifications by regulations  

           Division 7--Enforcement

              Subdivision A--Offences

   1021A.  Overview  
   1021B.  Definitions  
   1021C.  Offence of failing to give etc. a disclosure document or statement  
   1021D.  Offence of preparer of defective disclosure document or statement giving the document or statement knowing it to be defective  
   1021E.  Offence of preparer of defective disclosure document or statement giving the document or statement (whether or not known to be defective)  
   1021F.  Offence of regulated person (other than preparer) giving disclosure document or statement knowing it to be defective  
   1021FA. Paragraph 1012G(3)(a) obligation--offences relating to communication of information  
   1021FB. Paragraph 1012G(3)(a) obligation--offences relating to information provided by product issuer for communication by another person  
   1021G.  Offence of financial services licensee failing to ensure authorised representative gives etc. disclosure documents or statements as required  
   1021H.  Offences if a Product Disclosure Statement (or Supplementary PDS) does not comply with certain requirements  
   1021I.  Offence of giving disclosure document or statement that has not been prepared by the appropriate person  
   1021J.  Offences if preparer etc. of disclosure document or statement becomes aware that it is defective  
   1021K.  Offence of unauthorised alteration of Product Disclosure Statement (or Supplementary PDS)  
   1021L.  Offences of giving, or failing to withdraw, consent to inclusion of defective statement  
   1021M.  Offences relating to keeping and providing copies of Product Disclosure Statements (or Supplementary PDSs)  
   1021N.  Offence of failing to provide additional information requested under section 1017A  
   1021NA. Offences relating to obligation to make product dashboard publicly available  
   1021NB. Offences relating to obligation to make superannuation investment information publicly available  
   1021NC. Offences relating to obligations under sections 1017BC, 1017BD and 1017BE  
   1021O.  Offences of issuer or seller of financial product failing to pay money into an account as required  
   1021P.  Offences relating to offers to which Division 5A applies  

              Subdivision B--Civil liability

   1022A.  Definitions  
   1022B.  Civil action for loss or damage  
   1022C.  Additional powers of court to make orders  

   PART 7.10----MARKET MISCONDUCT AND OTHER PROHIBITED CONDUCT RELATING TO FINANCIAL PRODUCTS AND FINANCIAL SERVICES

           Division 1--Preliminary

   1040A.  Content of Part  

           Division 2--The prohibited conduct (other than insider trading prohibitions)

   1041A.  Market manipulation  
   1041B.  False trading and market rigging--creating a false or misleading appearance of active trading etc.  
   1041C.  False trading and market rigging--artificially maintaining etc. trading price  
   1041D.  Dissemination of information about illegal transactions  
   1041E.  False or misleading statements  
   1041F.  Inducing persons to deal  
   1041G.  Dishonest conduct  
   1041H.  Misleading or deceptive conduct (civil liability only)  
   1041I.  Civil action for loss or damage for contravention of sections 1041E to 1041H  
   1041J.  Sections of this Division have effect independently of each other  
   1041K.  Division applies to certain conduct to the exclusion of State Fair Trading Acts provisions  

           Division 2A--Proportionate liability for misleading and deceptive conduct

   1041L.  Application of Division  
   1041M.  Certain concurrent wrongdoers not to have benefit of apportionment  
   1041N.  Proportionate liability for apportionable claims  
   1041O.  Defendant to notify plaintiff of concurrent wrongdoer of whom defendant aware  
   1041P.  Contribution not recoverable from defendant  
   1041Q.  Subsequent actions  
   1041R.  Joining non-party concurrent wrongdoer in the action  
   1041S.  Application of Division  

           Division 3--The insider trading prohibitions

              Subdivision A--Preliminary

   1042A.  Definitions  
   1042B.  Application of Division  
   1042C.  When information is generally available  
   1042D.  When a reasonable person would take information to have a material effect on price or value of Division 3 financial products  
   1042E.  Division 3 financial products taken to be able to be traded despite suspensions or section 794D directions  
   1042F.  Inciting, inducing or encouraging an act or omission constitutes procuring the omission  
   1042G.  Information in possession of officer of body corporate  
   1042H.  Information in possession of partner or employee of partnership  

              Subdivision B--The prohibited conduct

   1043A.  Prohibited conduct by person in possession of inside information  
   1043B.  Exception for withdrawal from registered scheme  
   1043C.  Exception for underwriters  
   1043D.  Exception for acquisition pursuant to legal requirement  
   1043E.  Exception for information communicated pursuant to a legal requirement  
   1043F.  Chinese wall arrangements by bodies corporate  
   1043G.  Chinese wall arrangements by partnerships etc.  
   1043H.  Exception for knowledge of person's own intentions or activities  
   1043I.  Exception for bodies corporate  
   1043J.  Exception for officers or agents of body corporate  
   1043K.  Transactions by holder of financial services licence or a representative of the holder of such a licence  
   1043L.  A specific situation in which a compensation order under section 1317HA may be made  
   1043M.  Defences to prosecution for an offence  
   1043N.  Relief from civil liability  
   1043O.  Powers of Court  

           Division 4--Defences, relief and limits on liability

   1044A.  General defence or relief for publishers  
   1044B.  Limit on liability for misleading or deceptive conduct  

           Division 5--Miscellaneous

   1045A.  Exemptions and modifications by regulations  

   PART 7.11----TITLE AND TRANSFER

           Division 1--Title to certain securities

   1070A.  Nature of shares and certain other interests in a company or registered scheme  
   1070B.  Numbering of shares  
   1070C.  Matters to be specified in share certificate  
   1070D.  Loss or destruction of title documents for certain securities  

           Division 2--Transfer of certain securities

              Subdivision A--General provisions

   1071A.  Application of the Subdivision to certain securities  
   1071B.  Instrument of transfer  
   1071C.  Occupation need not appear in transfer document, register etc.  
   1071D.  Registration of transfer at request of transferor  
   1071E.  Notice of refusal to register transfer  
   1071F.  Remedy for refusal to register transfer or transmission  
   1071G.  Certification of transfers  
   1071H.  Duties of company with respect to issue of certificates  

              Subdivision B--Special provisions for shares

   1072A.  Transmission of shares on death (replaceable rule--see section 135)  
   1072B.  Transmission of shares on bankruptcy (replaceable rule--see section 135)  
   1072C.  Rights of trustee of estate of bankrupt shareholder  
   1072D.  Transmission of shares on mental incapacity (replaceable rule--see section 135)  
   1072E.  Trustee etc. may be registered as owner of shares  
   1072F.  Registration of transfers (replaceable rule--see section 135)  
   1072G.  Additional general discretion for directors of proprietary companies to refuse to register transfers (replaceable rule--see section 135)  
   1072H.  Notices relating to non-beneficial and beneficial ownership of shares  

           Division 3--Transfer of certain securities effected otherwise than through a prescribed CS facility

   1073A.  Application of the Division to certain securities  
   1073B.  Definitions  
   1073C.  Application of Division to certain bodies as if they were companies  
   1073D.  Regulations may govern transfer of certain securities  
   1073E.  ASIC may extend regulations to securities not otherwise covered  
   1073F.  Operation of this Division and regulations made for its purposes  

           Division 4--Transfer of financial products effected through prescribed CS facility

   1074A.  Financial products to which this Division applies  
   1074B.  Definitions  
   1074C.  Operating rules of prescribed CS facility may deal with transfer of title  
   1074D.  Valid and effective transfer if operating rules complied with  
   1074E.  Regulations may govern transfer of financial products in accordance with operating rules of prescribed CS facility  
   1074F.  Issuer protected from civil liability for person's contravention of prescribed CS facility's certificate cancellation rules  
   1074G.  Operation of this Division and regulations made for its purposes  

           Division 5--Exemptions and modifications

   1075A.  ASIC's power to exempt and modify  

   PART 7.12----MISCELLANEOUS

           Division 1--Qualified privilege

   1100A.  Qualified privilege for information given to ASIC  
   1100B.  Qualified privilege for the conduct of market licensees and CS facility licensees  
   1100C.  Qualified privilege for information given to market licensees and CS facility licensees etc.  
   1100D.  Extension of protections given by this Division  

           Division 2--Other matters

   1101A.  Approved codes of conduct  
   1101B.  Power of Court to make certain orders  
   1101C.  Preservation and disposal of records etc.  
   1101D.  Destruction of records by ASIC  
   1101E.  Concealing etc. of books  
   1101F.  Falsification of records  
   1101G.  Precautions against falsification of records  
   1101GA. How Part 9.3 applies to books required to be kept by this Chapter etc.  
   1101H.  Contravention of Chapter does not generally affect validity of transactions etc.  
   1101I.  Gaming and wagering laws do not affect validity of contracts relating to financial products  
   1101J.  Delegation  
            

CHAPTER 8--Mutual recognition of securities offers
            

   PART 8.1----PRELIMINARY

   1200A.  Definitions  

   PART 8.2----FOREIGN OFFERS THAT ARE RECOGNISED IN THIS JURISDICTION

           Division 1--Recognised offers

   1200B.  When an offer is a recognised offer  
   1200C.  Conditions that must be met to be a recognised offer  
   1200D.  Required documents and information  
   1200E.  Warning statement  

           Division 2--Effect of a recognised offer

   1200F.  Effect of a recognised offer  

           Division 3--Ongoing conditions for recognised offers

   1200G.  Offering conditions  
   1200H.  Address for service condition  
   1200J.  Dispute resolution condition  

           Division 4--Modification of provisions of this Act

   1200K.  Additional operation of section 675 (continuous disclosure)  
   1200L.  Pre-offer advertising  
   1200M.  Modification by the regulations  

           Division 5--ASIC's powers in relation to recognised offers

   1200N.  Stop orders  
   1200P.  Ban on making subsequent recognised offers  
   1200Q.  Offence of breaching an ongoing condition  

           Division 6--Miscellaneous

   1200R.  Service of documents  

   PART 8.3----OFFERS MADE UNDER FOREIGN RECOGNITION SCHEMES

   1200S.  Notice to ASIC  
   1200T.  Extension of this Act to recognised jurisdictions  
   1200U.  ASIC stop order for advertising in a recognised jurisdiction  
            

CHAPTER 9--Miscellaneous
            

   PART 9.1----REGISTERS AND REGISTRATION OF DOCUMENTS

   1274.   Registers  
   1274AA. Register of disqualified company directors and other officers  
   1274A.  Obtaining information from certain registers  
   1274B.  Use, in court proceedings, of information from ASIC's national database  
   1274C.  ASIC certificate  
   1275.   Relodging of lost registered documents  

   PART 9.2----REGISTRATION OF AUDITORS

           Division 1--Interpretation

   1276.   Definitions  

           Division 2--Registration

   1279.   Application for registration as auditor  
   1280.   Registration of auditors  
   1280A.  Approval of auditing competency standard  
   1281.   Auditor-General taken to be registered as auditor  
   1285.   Register of Auditors  
   1287.   Notification of certain matters  
   1287A.  Annual statements by registered company auditors  
   1289.   Auditors and other persons to enjoy qualified privilege in certain circumstances  

           Division 2A--Conditions on registration of auditors

   1289A.  ASIC may impose conditions on registration  

           Division 3--Cancellation or suspension of registration

   1290.   Cancellation at request of registered person  
   1291.   Immediate suspension or cancellation  
   1291A.  Notice of suspension or cancellation  
   1291B.  ASIC may vary or revoke suspension  
   1292.   Powers of Board in relation to auditors  
   1294.   Board to give opportunity for hearing etc.  
   1294A.  Pre-hearing conference  
   1295.   Board may remove suspension  
   1296.   Notice of Board's decision  
   1297.   Time when Board's decision comes into effect  
   1298.   Effect of suspension  

           Division 4--Validation of approval of auditing competency standard

   1298P.  Validation of approval of auditing competency standard  
   1298Q.  Compensation for acquisition of property  

   PART 9.2A----AUTHORISED AUDIT COMPANIES

           Division 1--Registration

   1299A.  Application for registration as authorised audit company  
   1299B.  Eligibility for registration as an authorised audit company  
   1299C.  Registration as authorised audit company  
   1299D.  Registration may be subject to conditions  
   1299E.  Register of authorised audit companies  
   1299F.  Notification of certain matters  
   1299G.  Annual statements by authorised audit company  

           Division 2--Cancellation or suspension of registration

   1299H.  Cancellation at request of registered person  
   1299I.  Cancellation or suspension in other cases  
   1299J.  Notice of cancellation or suspension  
   1299K.  Time when ASIC's decision comes into effect  
   1299L.  Effect of suspension  
   1299M.  Effect of cancellation  

   PART 9.3----BOOKS

   1300.   Inspection of books  
   1301.   Location of books on computers  
   1303.   Court may compel compliance  
   1304.   Translations of instruments  
   1305.   Admissibility of books in evidence  
   1306.   Form and evidentiary value of books  
   1307.   Falsification of books  

   PART 9.4----OFFENCES

           Division 1A--Application of the Criminal Code

   1308A.  Application of Criminal Code  

           Division 1--Specific offences

   1308.   False or misleading statements  
   1309.   False information etc.  
   1310.   Obstructing or hindering ASIC etc.  

           Division 2--Offences generally

   1311.   General penalty provisions  
   1312.   Penalties for bodies corporate  
   1313.   Penalty notices  
   1313A.  Offences committed partly in and partly out of the jurisdiction  
   1314.   Continuing offences  
   1315.   Proceedings: how taken  
   1316.   Time for instituting criminal proceedings  
   1316A.  Privilege against self-incrimination not available to bodies corporate in Corporations Act criminal proceedings  
   1317.   Certain persons to assist in prosecutions  

   PART 9.4AAA----PROTECTION FOR WHISTLEBLOWERS

   1317AA. Disclosures qualifying for protection under this Part  
   1317AB. Disclosure that qualifies for protection not actionable etc.  
   1317AC. Victimisation prohibited  
   1317AD. Right to compensation  
   1317AE. Confidentiality requirements for company, company officers and employees and auditors  

   PART 9.4A----REVIEW BY ADMINISTRATIVE APPEALS TRIBUNAL OF CERTAIN DECISIONS

   1317A.  Definitions  
   1317B.  Applications for review  
   1317C.  Excluded decisions  
   1317D.  Notice of reviewable decision and review rights  

   PART 9.4AA----INFRINGEMENT NOTICES FOR ALLEGED CONTRAVENTIONS OF CONTINUOUS DISCLOSURE PROVISIONS

   1317DAA.Definitions  
   1317DAB.Purpose and effect of this Part  
   1317DAC.Issue of infringement notice  
   1317DAD.Statement of reasons must be given  
   1317DAE.Matters to be included in infringement notice  
   1317DAF.Effect of issue and compliance with infringement notice  
   1317DAG.Effect of failure to comply with infringement notice  
   1317DAH.Compliance period for infringement notice  
   1317DAI.Withdrawal of infringement notice  
   1317DAJ.Publication in relation to infringement notices  

   PART 9.4B----CIVIL CONSEQUENCES OF CONTRAVENING CIVIL PENALTY PROVISIONS

   1317DA. Definitions  
   1317E.  Declarations of contravention  
   1317F.  Declaration of contravention is conclusive evidence  
   1317G.  Pecuniary penalty orders  
   1317GA. Refund orders--contravention of section 962P  
   1317H.  Compensation orders--corporation/scheme civil penalty provisions  
   1317HA. Compensation orders--financial services civil penalty provisions  
   1317HB. Compensation orders--market integrity rules  
   1317J.  Who may apply for a declaration or order  
   1317K.  Time limit for application for a declaration or order  
   1317L.  Civil evidence and procedure rules for declarations of contravention and civil penalty orders  
   1317M.  Civil proceedings after criminal proceedings  
   1317N.  Criminal proceedings during civil proceedings  
   1317P.  Criminal proceedings after civil proceedings  
   1317Q.  Evidence given in proceedings for penalty not admissible in criminal proceedings  
   1317R.  ASIC requiring person to assist  
   1317S.  Relief from liability for contravention of civil penalty provision  

   PART 9.5----POWERS OF COURTS

   1318.   Power to grant relief  
   1319.   Power of Court to give directions with respect to meetings ordered by the Court  
   1322.   Irregularities  
   1323.   Power of Court to prohibit payment or transfer of money, financial products or other property  
   1324.   Injunctions  
   1324A.  Provisions relating to prosecutions  
   1324B.  Order to disclose information or publish advertisements  
   1325.   Other orders  
   1325A.  Orders if contravention of Chapter 6, 6A, 6B or 6C  
   1325B.  Court may order bidder to make offers  
   1325C.  Unfair or unconscionable agreements, payments or benefits  
   1325D.  Contravention due to inadvertence etc.  
   1325E.  Orders to secure compliance  
   1326.   Effect of sections 1323, 1324 and 1325  
   1327.   Power of Court to punish for contempt of Court  

   PART 9.6----PROCEEDINGS

   1330.   ASIC's power to intervene in proceedings  
   1331.   Civil proceedings not to be stayed  
   1332.   Standard of proof  
   1333.   Evidence of contravention  
   1335.   Costs  
   1336.   Vesting of property  

   PART 9.6A----JURISDICTION AND PROCEDURE OF COURTS

           Division 1--Civil jurisdiction

              Subdivision A--Preliminary

   1337A.  Operation of Division  

              Subdivision B--Conferral of jurisdiction

   1337B.  Jurisdiction of Federal Court and State and Territory Supreme Courts  
   1337C.  Jurisdiction of Family Court and State Family Courts  
   1337D.  Jurisdiction of courts (decisions to prosecute and related criminal justice process decisions made by Commonwealth officers)  
   1337E.  Jurisdiction of lower courts  
   1337F.  Appeals  
   1337G.  Courts to act in aid of each other  

              Subdivision C--Transfer of proceedings

   1337H.  Transfer of proceedings by the Federal Court and State and Territory Supreme Courts  
   1337J.  Transfer of proceedings by Family Court and State Family Courts  
   1337K.  Transfer of proceedings in lower courts  
   1337L.  Further matters for a court to consider when deciding whether to transfer a proceeding  
   1337M.  Transfer may be made at any stage  
   1337N.  Transfer of documents  
   1337P.  Conduct of proceedings  
   1337Q.  Rights of appearance  
   1337R.  Limitation on appeals  

              Subdivision D--Rules of court

   1337S.  Rules of the Federal Court  
   1337T.  Rules of the Supreme Court  
   1337U.  Rules of the Family Court  

           Division 2--Criminal jurisdiction

   1338A.  Operation of Division  
   1338B.  Jurisdiction of courts  
   1338C.  Laws to be applied  

   PART 9.7----UNCLAIMED PROPERTY

   1339.   ASIC to deal with unclaimed property  
   1340.   No liability to pay calls on shares etc.  
   1341.   Entitlement to unclaimed property  
   1342.   Commonwealth or ASIC not liable for loss or damage  
   1343.   Disposal of securities if whereabouts of holder unknown  
   1343A.  Disposal of interests in registered scheme if whereabouts of member unknown  

   PART 9.9----MISCELLANEOUS

   1344.   Use of ABN  
   1345A.  Minister may delegate prescribed functions and powers under this Act  
   1346.   Non-application of rule against perpetuities to certain schemes  
   1348.   Operation of Life Insurance Act  
   1349.   Privilege against exposure to penalty--disqualification etc.  
   1350.   Compensation for compulsory acquisition  

   PART 9.10----FEES IMPOSED BY THE CORPORATIONS (FEES) ACT 2001 AND THE CORPORATIONS (REVIEW FEES) ACT 2003

   1351.   Fees are payable to the Commonwealth  
   1354.   Lodgment of document without payment of fee  
   1355.   Doing act without payment of fee  
   1356.   Effect of sections 1354 and 1355  
   1359.   Waiver and refund of fees  
   1360.   Debts due to the Commonwealth  
   1362.   Payment of fee does not give right to inspect or search  

   PART 9.12----REGULATIONS

   1363.   Definitions  
   1364.   Power to make regulations  
   1365.   Scope of particular regulations  
   1366.   Verifying or certifying documents  
   1367.   Documents lodged by an agent  
   1367A.  Publication in the prescribed manner  
   1368.   Exemptions from Chapter 6D or 7  
   1369.   Penalty notices  
   1369A.  State termination of reference  
            

CHAPTER 10--Transitional provisions
            

   PART 10.1----TRANSITION FROM THE OLD CORPORATIONS LEGISLATION

           Division 1--Preliminary

   1370.   Object of Part  
   1371.   Definitions  
   1372.   Relationship of Part with State validation Acts  
   1373.   References to things taken or deemed to be the case etc.  
   1374.   Existence of several versions of old corporations legislation does not result in this Part operating to take same thing to be done several times under new corporations legislation etc.  
   1375.   Penalty units in respect of pre-commencement conduct remain at $100  
   1376.   Ceasing to be a referring State does not affect previous operation of this Part  

           Division 2--Carrying over registration of companies

   1377.   Division has effect subject to Division 7 regulations  
   1378.   Existing registered companies continue to be registered  

           Division 3--Carrying over the old Corporations Regulations

   1379.   Division has effect subject to Division 7 regulations  
   1380.   Old Corporations Regulations continue to have effect  

           Division 4--Court proceedings and orders

   1381.   Division has effect subject to Division 7 regulations  
   1382.   Definitions  
   1383.   Treatment of court proceedings under or related to the old corporations legislation--proceedings other than federal corporations proceedings  
   1384.   Treatment of court proceedings under or related to the old corporations legislation--federal corporations proceedings  
   1384A.  Appeals etc. in relation to some former federal corporations proceedings  
   1384B.  Effect of decisions and orders made in federal corporations proceedings before commencement  
   1385.   References to proceedings and orders in the new corporations legislation  

           Division 5--Other specific transitional provisions

   1386.   Division has effect subject to Division 7 regulations  
   1387.   Certain applications lapse on the commencement  
   1388.   Carrying over the Partnerships and Associations Application Order  
   1389.   Evidentiary certificates  
   1390.   Preservation of nomination of body corporate as SEGC  
   1391.   Preservation of identification of satisfactory records  
   1392.   Retention of information obtained under old corporations legislation of non-referring State  
   1393.   Transitional provisions relating to section 1351 fees  
   1394.   Transitional provisions relating to securities exchange fidelity fund levies  
   1395.   Transitional provisions relating to National Guarantee Fund levies  
   1396.   Transitional provisions relating to futures organisation fidelity fund levies  

           Division 6--General transitional provisions relating to other things done etc

   1397.   Limitations on scope of this Division  
   1398.   Provisions of this Division may have an overlapping effect  
   1399.   Things done by etc. carried over provisions continue to have effect  
   1400.   Creation of equivalent rights and liabilities to those that existed before the commencement under carried over provisions of the old corporations legislation  
   1401.   Creation of equivalent rights and liabilities to those that existed before the commencement under repealed provisions of the old corporations legislation  
   1402.   Old corporations legislation time limits etc.  
   1403.   Preservation of significance etc. of events or circumstances  
   1404.   References in the new corporations legislation generally include references to events, circumstances or things that happened or arose before the commencement  
   1405.   References in the new corporations legislation to that legislation or the new ASIC legislation generally include references to corresponding provisions of the old corporations legislation or old ASIC legislation  
   1406.   Carrying over references to corresponding previous laws  
   1407.   References to old corporations legislation in instruments  
   1408.   Old transitional provisions continue to have their effect  

           Division 7--Regulations dealing with transitional matters

   1409.   Regulations may deal with transitional matters  

   PART 10.2----TRANSITIONAL PROVISIONS RELATING TO THE FINANCIAL SERVICES REFORM ACT 2001

           Division 1--Transitional provisions relating to the phasing-in of the new financial services regime

              Subdivision A--Preliminary

   1410.   Definitions  

              Subdivision B--Treatment of existing markets

   1411.   When is a market being operated immediately before the FSR commencement?  
   1412.   Treatment of proposed markets that have not started to operate by the FSR commencement  
   1413.   Obligation of Minister to grant licences covering main existing markets  
   1414.   Section 1413 markets--effect of licences and conditions  
   1415.   Section 1413 markets--preservation of old Corporations Act provisions during transition period  
   1416.   Section 1413 markets--powers for regulations to change how the old and new Corporations Act apply during the transition period  
   1417.   Section 1413 markets--additional provisions relating to previously unregulated services  
   1418.   Treatment of exempt stock markets and exempt futures markets (other than markets with no identifiable single operator)  
   1419.   Treatment of exempt stock markets and exempt futures markets that do not have a single identifiable operator  
   1420.   Treatment of stock markets of approved securities organisations  
   1421.   Treatment of special stock markets for unquoted interests in a registered scheme  
   1422.   Treatment of other markets that were not unauthorised  

              Subdivision C--Treatment of existing clearing and settlement facilities

   1423.   When is a clearing and settlement facility being operated immediately before the FSR commencement?  
   1424.   Treatment of proposed clearing and settlement facilities that have not started to operate by the FSR commencement  
   1424A.  Treatment of unregulated clearing and settlement facilities operated by holders of old Corporations Act approvals  
   1425.   Obligation of Minister to grant licences covering main existing facilities  
   1426.   Section 1425 facilities--effect of licences and conditions  
   1427.   Section 1425 facilities--powers for regulations to change how the old and new Corporations Act apply during the transition period  
   1428.   Section 1425 facilities--additional provisions relating to previously unregulated services  
   1429.   Treatment of other clearing and settlement facilities  

              Subdivision D--Treatment of people who carry on financial services businesses and their representatives

   1430.   Meaning of regulated principal, regulated activities and relevant old legislation  
   1431.   Parts 7.6, 7.7 and 7.8 of the amended Corporations Act generally do not apply to a regulated principal during the transition period  
   1432.   Continued application of relevant old legislation  
   1433.   Streamlined licensing procedure for certain regulated principals  
   1434.   Special licences for insurance multi-agents during first 2 years after FSR commencement  
   1435.   Licensing decisions made within the first 2 years of the FSR commencement--regard may be had to conduct and experience of applicant or related body corporate that currently provides same or similar services  
   1436.   Treatment of representatives--general  
   1436A.  Treatment of representatives--insurance agents  
   1437.   Exemptions and modifications by ASIC  

              Subdivision E--Product disclosure requirements

   1438.   New product disclosure provisions do not apply to existing products during transition period  
   1439.   Offences against new product disclosure provisions--additional element for prosecution to prove if conduct occurs after opting-in and before the end of the first 2 years  
   1440.   Continued application of certain provisions of old disclosure regimes during transition period  
   1441.   Certain persons who are not yet covered by Parts 7.6, 7.7 and 7.8 of the amended Corporations Act are required to comply with Part 7.9 obligations as if they were regulated persons  
   1442.   Exemptions and modifications by ASIC  

              Subdivision F--Certain other product-related requirements

   1442A.  Deferred application of hawking prohibition  
   1442B.  Deferred application of confirmation of transaction and cooling-off provisions etc.  

           Division 2--Other transitional provisions

   1443.   Definitions  
   1444.   Regulations may deal with transitional, saving or application matters  
   1445.   ASIC determinations may deal with transitional, saving or application matters  

   PART 10.3----TRANSITIONAL PROVISIONS RELATING TO THE CORPORATIONS LEGISLATION AMENDMENT ACT 2003

   1447.   Application of sections 601AB and 601PB  
   1448.   Application of amendments made by Schedule 4 to the Corporations Legislation Amendment Act 2003  

   PART 10.4----TRANSITIONAL PROVISIONS RELATING TO THE FINANCIAL SERVICES REFORM AMENDMENT ACT 2003

   1449.   Definition  
   1450.   Application of Part 10.2 to Chapter 7 as amended by Schedule 2 to the amending Act  
   1451.   Provisions relating to the scope of the amendments of Chapter 7 made by Schedule 2  
   1452.   Amendments of section 1274  

   PART 10.5----TRANSITIONAL PROVISIONS RELATING TO THE CORPORATE LAW ECONOMIC REFORM PROGRAM (AUDIT REFORM AND CORPORATE DISCLOSURE) ACT 2004

   1453.   Definitions  
   1454.   Audit reforms in Schedule 1 to the amending Act (auditing standards and audit working papers retention rules)  
   1455.   Audit reforms in Schedule 1 to the amending Act (adoption of auditing standards made by accounting profession before commencement)  
   1456.   Audit reforms in Schedule 1 to the amending Act (new competency standard provisions)  
   1457.   Audit reforms in Schedule 1 to the amending Act (new annual statement requirements for auditors)  
   1458.   Audit reforms in Schedule 1 to the amending Act (imposition of conditions on existing registration as company auditor)  
   1459.   Audit reforms in Schedule 1 to the amending Act (application of items 62 and 63)  
   1460.   Audit reforms in Schedule 1 to the amending Act (non-audit services disclosure)  
   1461.   Audit reforms in Schedule 1 to the amending Act (auditor appointment)  
   1462.   Audit reforms in Schedule 1 to the amending Act (auditor independence)  
   1463.   Audit reforms in Schedule 1 to the amending Act (auditor rotation)  
   1464.   Audit reforms in Schedule 1 to the amending Act (listed company AGMs)  
   1465.   Schedule 2 to the amending Act (financial reporting)  
   1466A.  Schedule 2A to the amending Act (true and fair view)  
   1466.   Schedule 3 to the amending Act (proportionate liability)  
   1467.   Schedule 4 to the amending Act (enforcement)  
   1468.   Schedule 5 to the amending Act (remuneration of directors and executives)  
   1469.   Schedule 6 to the amending Act (continuous disclosure)  
   1470.   Schedule 7 to the amending Act (disclosure rules)  
   1471.   Schedule 8 to the amending Act (shareholder participation and information)  

   PART 10.8----TRANSITIONAL PROVISIONS RELATING TO THE CORPORATIONS AMENDMENT (TAKEOVERS) ACT 2007

   1478.   Application of amendments of the takeovers provisions  

   PART 10.9----TRANSITIONAL PROVISIONS RELATING TO THE CORPORATIONS AMENDMENT (INSOLVENCY) ACT 2007

   1479.   Definition  
   1480.   Schedule 1 to the amending Act (improving outcomes for creditors)  
   1481.   Schedule 2 to the amending Act (deterring corporate misconduct)  
   1482.   Schedule 3 to the amending Act (improving regulation of insolvency practitioners)  
   1483.   Schedule 4 to the amending Act (fine-tuning voluntary administration)  

   PART 10.10--TRANSITIONAL PROVISIONS RELATING TO THE CORPORATIONS AMENDMENT (SHORT SELLING) ACT 2008

   1484.   Declarations under paragraph 1020F(1)(c) relating to short selling  

   PART 10.11----TRANSITIONAL PROVISIONS RELATING TO THE CORPORATIONS AMENDMENT (NO. 1) ACT 2009

   1485.   Application of new subsection 206B(6)  
   1486.   Application of new section 206EAA  

   PART 10.12----TRANSITIONAL PROVISIONS RELATING TO THE CORPORATIONS LEGISLATION AMENDMENT (FINANCIAL SERVICES MODERNISATION) ACT 2009

           Division 1--Transitional provisions relating to Schedule 1 to the Corporations Legislation Amendment (Financial Services Modernisation) Act 2009

   1487.   Definitions  
   1488.   Application of amendments--general  
   1489.   Applications of amendments--application for and grant of licences etc. authorising margin lending financial services  
   1490.   Application of amendments--between 6 and 12 months after commencement  
   1491.   Acquisition of property  
   1492.   Regulations  

           Division 2--Transitional provisions relating to Schedule 2 to the Corporations Legislation Amendment (Financial Services Modernisation) Act 2009

   1493.   Definitions  
   1494.   Transitional provisions relating to limit on control of trustee companies  
   1495.   Transitional provisions relating to the amendments of Chapter 7  
   1496.   General power for regulations to deal with transitional matters  

           Division 3--Transitional provisions relating to Schedule 3 to the Corporations Legislation Amendment (Financial Services Modernisation) Act 2009

   1497.   Definitions  
   1498.   Application of amendments  

   PART 10.13----TRANSITIONAL PROVISIONS RELATING TO THE PERSONAL PROPERTY SECURITIES (CORPORATIONS AND OTHER AMENDMENTS) ACT 2009

   1499.   Definitions  
   1500.   Charges, liens and pledges--continuation of restriction of references  
   1501.   Charges, liens, pledges and third party property--application  
   1501A.  References to the whole or substantially the whole of a company's property  
   1501B.  Constructive notice of registrable charges  
   1502.   Repeal of Chapter 2K (charges)--general  
   1503.   Repeal of Chapter 2K (charges)--cessation of requirements in relation to documents or notices  
   1504.   Repeal of Chapter 2K (charges)--application of section 266  
   1505.   Repeal of Chapter 2K (charges)--cessation of company registration requirements  
   1506.   Repeal of Chapter 2K (charges)--priority between registrable charges  
   1507.   New section 440B (restrictions on third party property rights)  
   1508.   New subsection 442CB(1) (administrator's duty of care)  
   1509.   New section 588FP (security interests in favour of an officer of a company etc. void)  
   1510.   Winding up applied for before the commencement time  

   PART 10.14----TRANSITIONAL PROVISIONS RELATING TO THE CORPORATIONS AMENDMENT (CORPORATE REPORTING REFORM) ACT 2010

   1510A.  Definition  
   1510B.  Application of Part 1 of Schedule 1 to the amending Act  

   PART 10.15----TRANSITIONAL PROVISIONS RELATING TO THE CORPORATIONS AMENDMENT (FINANCIAL MARKET SUPERVISION) ACT 2010

   1511.   Definition  
   1512.   Application of amendments  
   1513.   Regulations may deal with transitional matters  

   PART 10.16----TRANSITIONAL PROVISIONS RELATING TO THE CORPORATIONS AMENDMENT (NO. 1) ACT 2010

   1516.   Application of amendments  

   PART 10.17----TRANSITIONAL PROVISIONS RELATING TO THE CORPORATIONS AMENDMENT (IMPROVING ACCOUNTABILITY ON DIRECTOR AND EXECUTIVE REMUNERATION) ACT 2011

   1517.   Application of Subdivision B of Division 1 of Part 2D.3  
   1518.   Application of sections 206J, 206K, 206L and 206M  
   1519.   Application of subsection 249L(2)  
   1520.   Application of section 250BB  
   1521.   Application of section 250BC  
   1522.   Application of section 250BD  
   1523.   Application of subsections 250R(4) to (10)  
   1524.   Application of Division 9 of Part 2G.2  
   1525.   Application of amendments of section 300A  

   PART 10.18----TRANSITIONAL AND APPLICATION PROVISIONS RELATING TO THE FUTURE OF FINANCIAL ADVICE MEASURES

           Division 1--Provisions relating to the Corporations Amendment (Further Future of Financial Advice Measures) Act 2012

   1526.   Definitions  
   1527.   Application of best interests obligations  
   1528.   Application of ban on conflicted remuneration  
   1529.   Application of ban on other remuneration--volume-based shelf-space fees  
   1530.   Regulations do not apply where an acquisition of property otherwise than on just terms would result  
   1531.   Application of ban on other remuneration--asset-based fees on borrowed amounts  

           Division 2--Provisions relating to the Corporations Amendment (Financial Advice Measures) Act 2016

   1531A.  Definitions  
   1531B.  Best interests obligation  
   1531C.  Renewal notices (opt-in requirement)  
   1531D.  Disclosure statements  
   1531E.  Conflicted remuneration  

   PART 10.19----TRANSITIONAL PROVISIONS RELATING TO THE CORPORATIONS AMENDMENT (PHOENIXING AND OTHER MEASURES) ACT 2012

   1532.   Definition  
   1533.   Part 1 of Schedule 1 to the amending Act (winding up by ASIC)  
   1534.   Part 2 of Schedule 1 to the amending Act (publication requirements)  
   1535.   Part 3 of Schedule 1 to the amending Act (miscellaneous amendments)  

   PART 10.20----TRANSITIONAL PROVISIONS RELATING TO THE CORPORATIONS LEGISLATION AMENDMENT (AUDIT ENHANCEMENT) ACT 2012

   1536.   Definitions  
   1537.   Application of amendments relating to annual transparency reports  

   PART 10.21----TRANSITIONAL PROVISION RELATING TO THE CORPORATIONS LEGISLATION AMENDMENT (FINANCIAL REPORTING PANEL) ACT 2012

   1538.   Courts etc. may have regard to Financial Reporting Panel report  

   PART 10.21A----TRANSITIONAL PROVISIONS RELATING TO THE SUPERANNUATION LEGISLATION AMENDMENT (SERVICE PROVIDERS AND OTHER GOVERNANCE MEASURES) ACT 2013

   1538A.  Application of amendments relating to contributions to a fund or scheme  
   1538B.  Application of amendments relating to Statements of Advice  

   PART 10.22----TRANSITIONAL PROVISIONS RELATING TO THE SUPERANNUATION LEGISLATION AMENDMENT (FURTHER MYSUPER AND TRANSPARENCY MEASURES) ACT 2012

   1539.   Application of section 1017BA (Obligation to make product dashboard publicly available)  
   1540.   Application of subsection 1017BB(1) (Obligation to make information relating to investment of assets of superannuation entities publicly available)  
   1541.   Application of section 1017BC (Obligation to provide information relating to investment of assets of superannuation entities)  

   PART 10.23----TRANSITIONAL PROVISIONS RELATING TO THE CLEAN ENERGY LEGISLATION (CARBON TAX REPEAL) ACT 2014

   1542.   Definition  
   1543.   Transitional--carbon units issued before the designated carbon unit day  
   1544.   Transitional--variation of conditions on Australian financial services licences  
   1545.   Transitional--immediate cancellation of Australian financial services licences  
   1546.   Transitional--statements of reasons for cancellation of Australian financial services licences  

   PART 10.23A----TRANSITIONAL PROVISIONS RELATING TO THE CORPORATIONS AMENDMENT (PROFESSIONAL STANDARDS OF FINANCIAL ADVISERS) ACT 2017

           Division 1--Definitions

   1546A.  Definitions  

           Division 2--Application and transitional provisions

   1546B.  Existing providers to meet certain education and training standards  
   1546C.  Application of limitation on authorisation to provide personal advice and offence  
   1546D.  Application of requirements relating to provisional relevant providers  
   1546E.  Application of continuing professional development standard for relevant providers  
   1546F.  Application of Code of Ethics to relevant providers  
   1546G.  Application of obligations in relation to compliance schemes  
   1546H.  Application of obligation for standards body to publish annual report  
   1546J.  Application of obligation to notify ASIC about a person who becomes a relevant provider  
   1546K.  Application of requirements relating to information about relevant provider's principal place of business  
   1546L.  Application of requirements relating to information about membership of professional associations where relevant provider is licensee  
   1546M.  Application of requirements relating to information about membership of professional associations where relevant provider is not licensee  
   1546N.  Application of requirements relating to information about provisional relevant provider's work and training  
   1546P.  Application of ongoing obligation to notify ASIC when there is a change in a matter for a relevant provider  
   1546Q.  Application of obligation to notify ASIC about a person who starts to have control of a body corporate licensee  
   1546R.  Application of obligation to notify ASIC about a person who ceases to have control of a body corporate licensee  
   1546S.  Application of obligation for relevant providers to provide information to financial services licensees  
   1546T.  Application of requirements relating to Register of Relevant Providers  
   1546U.  Relevant provider numbers given before commencement  
   1546V.  Continuation of Register of Relevant Providers  

           Division 3--Transitional notices

   1546W.  Obligation to notify ASIC of certain information  
   1546X.  Obligation to notify ASIC of CDP year  
   1546Y.  Obligation to notify ASIC when exams passed  
   1546Z.  Obligation to notify ASIC of certain information after banning order  
   1546ZA. Offence for failing to lodge transitional notices  

           Division 4--Review

   1546ZB. Review  

   PART 10.24----TRANSITIONAL PROVISIONS RELATING TO THE CORPORATIONS LEGISLATION AMENDMENT (DEREGULATORY AND OTHER MEASURES) ACT 2014

   1547.   Definitions  
   1548.   Application of amendments relating to calling of general meetings  
   1549.   Application of amendments relating to directors' reports for listed companies  

   PART 10.25----TRANSITIONAL PROVISIONS RELATING TO THE INSOLVENCY PRACTICE SCHEDULE (CORPORATIONS)

           Division 1--Introduction

   1550.   Simplified outline of this Part  
   1551.   Definitions  

           Division 2--Application of Part 2 of the Insolvency Practice Schedule (Corporations) and related consequential amendments

              Subdivision A--Registering liquidators

   1552.   Applications for registration under the old Act  
   1553.   Persons registered under the old Act continue to be registered under the Insolvency Practice Schedule (Corporations)  
   1554.   Old Act registrant's details  
   1555.   Period of old Act registrant's registration under the Insolvency Practice Schedule (Corporations)  
   1556.   Conditions for old Act registrants--conditions under the Insolvency Practice Schedule (Corporations)  
   1557.   Current conditions for old Act registrants--undertakings under the old Act  
   1558.   Current conditions for old Act registrants--undertakings under the ASIC Act  
   1559.   Old Act registrant registered as liquidator of a specified body corporate  
   1560.   Old Act registrant chooses not to renew  

              Subdivision B--Annual returns and statements

   1561.   Application of obligation to lodge annual liquidator returns  

              Subdivision C--Notice requirements

   1562.   Notice of significant events  

              Subdivision D--Cancellation by ASIC under the old Act

   1563.   Request for cancellation made before the commencement day  
   1564.   Decision to cancel registration made before the commencement day  

              Subdivision E--Disciplinary proceedings before the Board

   1565.   Matters not dealt with by the Board before the commencement day  
   1566.   Matters dealt with by the Board before the commencement day  
   1567.   Matters which the Board refuses to deal with before the commencement day  
   1568.   Board considering terminating suspension before the commencement day  
   1569.   Sharing information between the Board and committees  

              Subdivision F--Suspension, cancellation and disciplinary action under the Insolvency Practice Schedule

   1570.   Direction to comply with requirement to lodge documents etc.  
   1571.   Suspension by ASIC under the Insolvency Practice Schedule (Corporations)  
   1572.   Cancellation by ASIC under the Insolvency Practice Schedule (Corporations)  
   1573.   Show-cause notice under the Insolvency Practice Schedule (Corporations)  
   1574.   Lifting or shortening suspension under the Insolvency Practice Schedule (Corporations)  
   1575.   Action initiated by industry bodies  

              Subdivision G--Powers of the Court and other bodies

   1576.   Application of court powers under section 45-1 of the Insolvency Practice Schedule (Corporations)  
   1577.   Powers to deal with registration under the old Act on or after the commencement day  

           Division 3--Application of Part 3 of the Insolvency Practice Schedule (Corporations) and related consequential amendments

              Subdivision A--Introduction

   1578.   Simplified outline of this Division  

              Subdivision B--General rules for Part 3

   1579.   Application of Part 3 of the Insolvency Practice Schedule (Corporations)--general rules  

              Subdivision C--Remuneration and other benefits received by external administrators

   1580.   Application of Division 60 of the Insolvency Practice Schedule (Corporations)--general rule  
   1581.   Old Act continues to apply in relation to remuneration for administrators already appointed  
   1582.   Duties of administrators relating to remuneration and other benefits  
   1583.   Old Act continues to apply in relation to any right of indemnity  
   1584.   Application of new provisions about vacancies of court-appointed liquidator  
   1585.   Application of new provisions about exercise of powers while company under external administration  

              Subdivision D--Funds handling

   1586.   Application of Division 65 of the Insolvency Practice Schedule (Corporations)--general rule  
   1587.   Administration account  
   1588.   Paying money into administration account  
   1589.   Paying money out of administration account  
   1590.   Handling securities  

              Subdivision E--Information

   1591.   Application of Division 70 of the Insolvency Practice Schedule (Corporations)--general rule  
   1592.   Accounts and administration returns  
   1593.   Administration books  
   1594.   Audit of administration books  
   1595.   Transfer of administration books  
   1596.   Retention and destruction of administration books  
   1597.   Giving information to creditors etc.  
   1598.   Commonwealth may request information  
   1599.   Reporting to ASIC  
   1600.   Old Act continues to apply in relation to notices to remedy default  

              Subdivision F--Meetings

   1601.   Application of Division 75 of the Insolvency Practice Schedule (Corporations)--general rule  
   1602.   External administrator must convene meetings in certain circumstances  
   1603.   Old Act continues to apply in relation to reporting for first year of administration  
   1604.   Old Act continues to apply to the deregistration of companies  
   1605.   Old Act continues to apply for certain meetings convened etc. before commencement day  
   1606.   Outcome of voting at creditors' meeting determined by related entity or on casting vote--Court powers  

              Subdivision G--Committees of inspection

   1607.   Application of Division 80 of the Insolvency Practice Schedule (Corporations)--general rules  
   1608.   Appointing committees of inspection  
   1609.   Old Act continues to apply to certain reports by administrator  
   1610.   Membership of continued committees  
   1611.   Validity of appointment under section 548 of the old Act not affected by lack of separate meeting of contributories  
   1612.   Continued application of directions by creditors or committees under the old Act  
   1613.   Committee of inspection may request information  
   1614.   Duties of members of committee of inspection and creditors relating to profits and advantages etc.  

              Subdivision H--Review of the external administration of a company

   1615.   Application of Division 90 of the Insolvency Practice Schedule (Corporations)--general rule  
   1616.   Application of the Insolvency Practice Schedule (Corporations) provisions that conflict with old Act Court orders--general rule  
   1617.   Old Act continues to apply in relation to ongoing proceedings before a court--general rule  
   1618.   Court powers to inquire into and make orders  
   1619.   Review by another registered liquidator  
   1620.   Removal by creditors  

           Division 4--Administrative review

   1621.   Administrative Appeals Tribunal proceedings  

           Division 5--Application of other consequential amendments

   1622.   Outcome of voting at creditors' meeting determined by related entity or on casting vote--Court powers  
   1623.   Returns and accounts by controllers  
   1624.   Transfer of books by a controller to a new controller or ASIC  
   1625.   Officers reporting to controller about corporation's affairs  
   1626.   Lodging notice of execution of a deed of company arrangement  
   1627.   Office of liquidator appointed by the Court  
   1628.   Report as to company's affairs to be submitted to liquidator  
   1629.   Orders for release or deregistration  
   1630.   Meeting relating to the voluntary winding up of a company  
   1631.   Pooling determinations  
   1632.   Electronic methods of giving or sending certain notices  
   1633.   Deregistration following winding up  

           Division 6--Regulations

   1634.   Regulations  

   PART 10.26----TRANSITIONAL PROVISIONS RELATING TO SCHEDULE 3 TO THE INSOLVENCY LAW REFORM ACT 2016

   1635.   Application of amendments made by Schedule 3 to the Insolvency Law Reform Act 2016  

   PART 10.28----TRANSITIONAL PROVISIONS RELATING TO THE TREASURY LAWS AMENDMENT (2016 MEASURES NO. 1) ACT 2017

   1637.   Application of subparagraph 1274(2)(a)(iva) and subsections 1274(2AA) and (2AB)  
           SCHEDULE 2 Insolvency Practice Schedule (Corporations)
           SCHEDULE 3 Penalties
           SCHEDULE 4 Transfer of financial institutions and friendly societies


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