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CORPORATIONS ACT 2001 - SECT 904J ASIC may assess licensee's compliance

CORPORATIONS ACT 2001 - SECT 904J

ASIC may assess licensee's compliance

  (1)   ASIC may do an assessment of how well a derivative trade repository licensee is complying with any or all of its obligations as a derivative trade repository licensee under this Part. In doing the assessment, ASIC may take account of any information and reports that it thinks appropriate.

  (2)   As soon as practicable after doing an assessment under this section, ASIC must give a written report on the assessment to the licensee. ASIC may give a copy of the report to the Minister.

  (3)   If an assessment, or part of an assessment, relates to any other person's affairs to a material extent, ASIC may, at the person's request or on its own initiative, give the person a copy of the report on the assessment or the relevant part of the report.

  (4)   If an assessment, or part of an assessment, relates to a serious contravention of a law of the Commonwealth or of a State or Territory, ASIC may give a copy of the report on the assessment, or the relevant part of the report, to:

  (a)   the Australian Federal Police; or

  (b)   the Chief Executive Officer of the Australian Crime Commission or a member of the staff of the ACC (within the meaning of the Australian Crime Commission Act 2002 ); or

  (c)   the Director of Public Prosecutions; or

  (d)   a person or body prescribed by the regulations for the purpose of this paragraph.

  (5)   The written report on an assessment, or part of the report, may be published in any way that ASIC thinks appropriate.

  (6)   A report on an assessment is not a legislative instrument.

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