CORPORATIONS ACT 2001 - SECT 1020F Exemptions and modifications by ASIC

CORPORATIONS ACT 2001 - SECT 1020F

  (1)   ASIC may:

  (a)   exempt a person or class of persons from all or specified provisions of this Part; or

  (b)   exempt a financial product or a class of financial products from all or specified provisions of this Part; or

  (c)   declare that this Part applies in relation to a person or a financial product, or a class of persons or financial products, as if specified provisions were omitted, modified or varied as specified in the declaration.

  (4)   An exemption may apply unconditionally or subject to specified conditions. A person to whom a condition specified in an exemption applies must comply with the condition. The Court may order the person to comply with the condition in a specified way. Only ASIC may apply to the Court for the order.

  (5)   An exemption or declaration must be in writing and ASIC must publish notice of it in the Gazette .

  (6)   If conduct (including an omission) of a person would not have constituted an offence if a particular declaration under paragraph   (1)(c) had not been made, that conduct does not constitute an offence unless, before the conduct occurred (in addition to complying with the gazettal requirement of subsection   (5)):

  (a)   the text of the declaration was made available by ASIC on the internet; or

  (b)   ASIC gave written notice setting out the text of the declaration to the person.

In a prosecution for an offence to which this subsection applies, the prosecution must prove that paragraph   (a) or (b) was complied with before the conduct occurred.

  (7)   For the purpose of this section, the provisions of this Part   include:

  (a)   definitions in this Act, or in the regulations, as they apply to references in this Part; and

  (b)   any provisions of Part   10.2 (transitional provisions) that relate to provisions of this Part.

Note:   Because of section   761H, a reference to this Part or Part   10.2 also includes a reference to regulations or other instruments made for the purposes of this Part or Part   10.2 (as the case requires).

  (8)   To avoid doubt, a declaration under paragraph   (1)(c) may specify omissions, modifications or variations that have any or all of the following effects:

  (a)   suspending, prohibiting or limiting:

  (i)   any form of short selling of financial products; or

  (ii)   any transaction that has the same or substantially similar market effect as a short sale of financial products;

  (b)   varying requirements under this Part that apply to:

  (i)   any form of short selling of financial products; or

  (ii)   any transaction that has the same or substantially similar market effect as a short sale of financial products;

  (c)   removing some or all requirements under this Part that apply to:

  (i)   any form of short selling of financial products; or

  (ii)   any transaction that has the same or substantially similar market effect as a short sale of financial products;

  (d)   imposing requirements that apply to:

  (i)   any form of short selling of financial products; or

  (ii)   any transaction that has the same or substantially similar market effect as a short sale of financial products.