CORPORATIONS REGULATIONS 2001

Commonwealth Consolidated Regulations

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CORPORATIONS REGULATIONS 2001

- made under the Corporations Act 2001

TABLE OF PROVISIONS

CHAPTER 1--Introductory

PART 1.0--MISCELLANEOUS

1.0.01. Name of Regulations [see Note 1]
1.0.01A.Commencement [see Note 1]
1.0.02. Interpretation
1.0.03. Prescribed forms (Act s 350)
1.0.03A.Documents that must be in the prescribed form
1.0.03B.Documents that must be lodged with ASIC
1.0.03C.Documents that must be in a form approved by ASIC
1.0.04. Directions and instructions in forms
1.0.05. Documents and information required by forms
1.0.05A.Lodgment with ASIC
1.0.06. Annexures accompanying forms
1.0.07. General requirements for documents
1.0.08. Information to accompany financial documents lodged for financial years
1.0.09. Information to accompany financial documents etc lodged for half-years
1.0.10. Continuous disclosure notices
1.0.11. Certain documents to be signed by personal representatives etc
1.0.12. Form of notice of resolution
1.0.13. Time for lodging documents
1.0.14. Address of registered office or place of business
1.0.15. Affidavits and statements in writing
1.0.16. Certification and verification of certain documents
1.0.17. Documents signed or sworn in accordance with the rules
1.0.18. Prescribed provisions (Act s 53)
1.0.20. Copies of orders to be lodged
1.0.21. Identification of lodged orders
1.0.22. Territorial application of Act

PART 1.1--PRESCRIBED AMOUNTS

1.1.01. Prescribed amounts

PART 1.2A--DISCLOSING ENTITIES

1.2A.01.Securities declared not to be ED securities
1.2A.02.Foreign companies issuing securities under foreign scrip offers etc exempt from disclosing entity provisions
1.2A.03.Foreign companies issuing securities under employee share scheme exempt from the disclosing entity provisions

CHAPTER 2A--Registration of companies

PART 2A.1--SIZE OF PARTNERSHIPS OR ASSOCIATIONS

2A.1.01.Size of partnerships or associations

PART 2A.2--CHANGE OF PLACE OF REGISTRATION OF COMPANY

2A.2.01.Approval of application for change of place of registration
2A.2.02.Special resolution may be set aside by Court order
2A.2.03.Application for change of place of registration
2A.2.04.Change of place of registration

PART 2B.6--NAMES

2B.6.01.Availability of names (Act s 147)
2B.6.02.Consents required for use of certain letters, words and expressions
2B.6.03.Exemptions from requirement to set out name and ACN on certain documents (Act s 155)

CHAPTER 2C--Registers

PART 2C.1--PRESCRIBED FINANCIAL MARKET

2C.1.01.Prescribed financial market (Act s 170 (3))

PART 2C.2--FORM OF NOTICE

2C.2.01.Form of notice (Act s 172 (2))

PART 2C.3--USE OF INFORMATION ON REGISTERS BY BODIES CORPORATE

2C.3.01.Contact with members after failure to provide copy of register

CHAPTER 2E--Related party transactions

2E.1.01.Small amounts given to related entity

CHAPTER 2G--Meetings

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

Division 6--Proxies and body corporate representatives

2G.2.01.Authentication of appointment of proxy (Act s 250A)

CHAPTER 2K--Charges

PART 2K.2--REGISTRATION

2K.2.01.Lien or charge on crop or wool, or stock mortgage, that is a registrable security: prescribed law -- subsection 262 (5) of the Act
2K.2.02.Time period for the provisional registration of charges
2K.2.03.Charge that is a registrable security: specified law -- paragraphs 273A (4) (b), 273B (3) (b) and 273C (3) (b) of the Act

CHAPTER 2M--Financial reports and audit

PART 2M.3--FINANCIAL REPORTING

Division 1--Annual financial reports and directors' reports

2M.3.03.Prescribed details (Act s 300A)

Division 9--Reference of financial report to the Financial Reporting Panel

2M.3.30.Notice to lodging entity of proposed referral of financial report to Financial Reporting Panel by ASIC (Act s 323ED)
2M.3.31.Referral of financial report to Financial Reporting Panel by ASIC (Act s 323EF)
2M.3.32.Referral of financial report to Financial Reporting Panel by lodging entity (Act s 323EI)

PART 2M.4--AUDITOR

2M.4.01.Notice of appointment of auditors

PART 2M.6--MODIFICATION OF THE OPERATION OF CHAPTER 2M OF THE ACT

2M.6.01.Modifications (Act s 343)
2M.6.05.Conduct of auditor -- relevant relationships

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

PART 2N.2--EXTRACT OF PARTICULARS

2N.2.01.Particulars ASIC may require in an extract of particulars (Act s 346B)

PART 2N.4--RETURN OF PARTICULARS

2N.4.01.Particulars ASIC may require in a return of particulars (Act s 348B)

CHAPTER 5--External administration

PART 5.1--ARRANGEMENTS AND RECONSTRUCTIONS

5.1.01. Prescribed information for paragraph 411 (3) (b) and subparagraph 412 (1) (a) (ii) of the Act
5.1.02. Giving notice under subsection 414 (2) or (9) of the Act

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

5.2.01. Controller's notice to owner or lessor of property -- how given
5.2.01. Certified copies of reports

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

5.3A.01.Administrator's notice of ending of administration
5.3A.02.Administrator to specify voidable transactions in statement
5.3A.03.Administrator to lodge notice of appointment
5.3A.04.Notice of change of administrator's address
5.3A.05.Administrator's notice to owner or lessor of property -- how given
5.3A.06.Provisions included in deed of company arrangement
5.3A.07.Administrator becomes liquidator -- additional cases

PART 5.4--WINDING UP IN INSOLVENCY

5.4.01. Application to Court for winding up -- prescribed agency

PART 5.6--WINDING UP GENERALLY

5.6.01. Matters for entry in liquidator's or provisional liquidator's books
5.6.02. Inspection of books kept under section 531 of the Act
5.6.06. Payment into liquidator's general account
5.6.07. Deposit of securities
5.6.08. Delivery of securities
5.6.09. Special bank account
5.6.10. Payments out of liquidator's general account
5.6.11. Application
5.6.11A.Electronic methods of giving or sending certain notices etc
5.6.12. Notice of meeting
5.6.13. Proof of notice
5.6.13A.If telephone conference facilities are available
5.6.13B.Persons, or their proxies or attorneys, participating by telephone
5.6.14. Time and place of meeting
5.6.14A.Advertisement of a meeting
5.6.15. Costs of convening meetings of creditors etc
5.6.16. Quorum
5.6.17. Chairperson
5.6.18. Adjournment of meeting
5.6.19. Voting on resolutions
5.6.20. Taking a poll
5.6.21. Carrying of resolutions after a poll has been demanded at a meeting of creditors
5.6.22. Carrying of resolution after a poll has been demanded at a meeting of contributories or members
5.6.23. Creditors who may vote
5.6.23A.Voting status of persons by whom money is advanced to a company
5.6.24. Votes of secured creditors
5.6.26. Admission and rejection of proofs for purposes of voting
5.6.27. Minutes of meeting
5.6.28. Appointment of proxies
5.6.29. Form of proxies
5.6.30. Instruments of proxy
5.6.31. Proxy forms to accompany notice of meetings
5.6.31A.Person may attend and vote by attorney
5.6.32. Liquidator etc may act as proxy
5.6.33. Voting by proxy if financially interested
5.6.34. Liquidator etc may appoint deputy
5.6.36. Time for lodging proxies
5.6.36A.Facsimile copies of proxies
5.6.37. Establishing title to priority
5.6.39. Notice to submit particulars of debt or claim
5.6.40. Preparation of a proof of debt or claim
5.6.41. Disclosure of security
5.6.42. Discounts
5.6.43. Periodical payments
5.6.43A.Debt or claim of uncertain value -- appeal to Court
5.6.44. Debt discount rate (Act s 554B)
5.6.45. Employees' wages
5.6.46. Production of bill of exchange and promissory note
5.6.47. Admission of debt or claim without formal proof
5.6.48. Notice to creditors to submit formal proof
5.6.49. Formal proof of debt or claim
5.6.50. Contents of formal proof of debt or claim
5.6.51. Costs of proof
5.6.52. Liquidator to notify receipt of proof of debt or claim
5.6.53. Time for liquidator to deal with proofs
5.6.54. Grounds of rejection and notice to creditor
5.6.55. Revocation or amendment of decision of liquidator
5.6.56. Withdrawal or variation of proof of debt or claim
5.6.57. Oaths
5.6.58. Liquidator to make out provisional list of contributories
5.6.59. Time and place for settlement of list
5.6.60. Settlement of list of contributories
5.6.61. Supplementary list
5.6.62. Notice to contributories
5.6.63. Dividend payable only on admission of a debt or claim
5.6.64. Application of regulations 5.6.37 to 5.6.57
5.6.65. Liquidator to give notice of intention to declare a dividend
5.6.66. Time allowed for dealing with formal proof of debt or claim
5.6.67. Declaration and distribution of dividend
5.6.68. Rights of creditor who has not proved debt before declaration of dividend
5.6.69. Postponement of declaration
5.6.70. Payment of dividend to a person named
5.6.70A.Prescribed rate of interest on debts and claims from relevant date to date of payment
5.6.71. Distribution of surplus in a winding up by the Court
5.6.72. Distribution of surplus as directed
5.6.73. Eligible unsecured creditor
5.6.74. Interpretation: prescribed countries

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

PART 5B.2--REGISTRABLE BODIES

5B.2.01.Certified copies of certificates of incorporation etc
5B.2.02.Manner of certifying constituent documents
5B.2.03.Manner of sending letters (Act ss 601CC (2) and 601CL (3))
5B.2.04.Manner of sending notices (Act ss 601CC (3) and 601CL (4))
5B.2.05.Prescribed countries (Act s 601CDA (a))
5B.2.06.Notices (Act s 601CV (1))

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

5B.3.01.Availability of names (Act s 601DC)
5B.3.02.Consents required for use of certain letters, words and expressions
5B.3.03.Exemptions from requirement to set out ARBN etc on certain documents (Act s 601DG)
5B.3.04.Notices (Act s 601DH (1))

CHAPTER 5C--Managed investment schemes

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

5C.1.01.Applying for registration
5C.1.02.Change of name of registered schemes
5C.1.03.Modification (Act s 601QB)

PART 5C.2--THE RESPONSIBLE ENTITY

5C.2.01.Duty of responsible entities' agents -- surveillance checks
5C.2.02.Appointment of temporary responsible entities
5C.2.03.Form of notices (Act ss 601FL (2) and 601FM (2))
5C.2.04.Notice of appointment of temporary responsible entities
5C.2.05.Form of notices (Act s 601FP (3))

PART 5C.4--THE COMPLIANCE PLAN

5C.4.01.Agents' authorities to be lodged
5C.4.02.Agents to assist auditors of compliance plans

PART 5C.5--THE COMPLIANCE COMMITTEE

5C.5.01.Responsible entities etc to assist compliance committees

PART 5C.9--WINDING UP

5C.9.01.Notice of commencement of winding up

PART 5C.11--EXEMPTIONS AND MODIFICATIONS

Division 1--Exemptions

5C.11.01.Certain funds not managed investment funds

Division 2--Modifications

5C.11.02.Modifications
5C.11.03.Register of members of registered schemes (Act s 169 (1))
5C.11.04.Names of registered schemes (Act s 601EB (1))
5C.11.05A.Schemes not required to be registered (Act s 601ED)
5C.11.06.Liability of responsible entities (Act s 601FB (4))

CHAPTER 6--Takeovers

PART 6.2--EXCEPTIONS TO THE PROHIBITION

6.2.01. Prescribed circumstances (Act s 611)
6.2.02. Other prescribed circumstances (Act s 611)

PART 6.5--THE TAKEOVER PROCEDURE

6.5.01. Wholesale holder of securities -- telephone monitoring during bid period

PART 6.6--VARIATION OF OFFERS

6.6.01. Right to withdraw acceptance

PART 6.8--ACCEPTANCES

6.8.01. Acceptance of offers made under off-market bid
6.8.02. Acceptances by transferees and nominees of offers made under off-market bid

PART 6.10--REVIEW AND INTERVENTION

6.10.01.Application for review of Panel decision (Act s 657EA)

CHAPTER 6A--Compulsory acquisitions and buy-outs

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

6A.1.01.Terms on which securities to be acquired

CHAPTER 6CA--Continuous disclosure

6CA.1.01.Continuous disclosure: other disclosing entities

CHAPTER 6D--Fundraising

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

6D.2.01.Exemption -- member shares
6D.2.02.Exemption -- foreign companies
6D.2.03.Sophisticated investors

PART 6D.5--FUNDRAISING --MISCELLANEOUS

6D.5.01.Warrants that are securities
6D.5.02.Modification of paragraph 708 (8) (c) of the Act: renewal period for accountants' certificates

CHAPTER 7--Financial services and markets

PART 7.1--PRELIMINARY

Division 1--General

7.1.01. Prescribed financial market operators
7.1.02. Participant
7.1.03. Prescribed CS facility
7.1.03A.Basic deposit products
7.1.03B.Self managed superannuation funds
7.1.04. Derivatives
7.1.04A.Meaning of kind of financial products (section 1012IA of the Act)
7.1.04B.Meaning of class of financial products (managed investment schemes)
7.1.04C.Meaning of class of financial products (superannuation products)
7.1.04CA.Kinds of financial products
7.1.04D.Meaning of issuer for certain derivatives
7.1.04E.Issue of a new interest in a superannuation fund
7.1.04F.Meaning of class of financial services (subsections 917A (3), 917C (2) and 917C (3) of the Act)
7.1.04G.Meaning of issuer for a foreign exchange contract
7.1.05. Specific things that are not financial products: superannuation interests
7.1.06. Specific things that are not financial products: credit facility
7.1.06A.Arrangements for certain financial products that are not credit facilities
7.1.06B.Specific things that are not financial products: superannuation interests
7.1.07. Specific things that are not financial products: surety bonds
7.1.07A.Specific things that are not financial products: rental agreements
7.1.07B.Specific things that are not financial products: bank drafts
7.1.07C.Specific things that are not financial products: insurance under an overseas student health insurance contract
7.1.07D.Specific things that are not financial products: funeral expenses policy
7.1.07E.Specific things that are not financial products: rights of the holder of a debenture
7.1.07F.Specific things that are not financial products: money orders
7.1.07G.Specific things that are not financial products: electronic funds transfers
7.1.07H.Specific things that are not financial products: ACT insurance
7.1.08. Meaning of financial product advice: exempt document or statement
7.1.09. Obligations related to clearing and settlement facility
7.1.10. Conduct that does not constitute operating a clearing and settlement facility

Division 2--Retail clients and wholesale clients

7.1.11. Meaning of retail client and wholesale client: motor vehicle insurance product
7.1.12. Meaning of retail client and wholesale client: home building insurance product
7.1.13. Meaning of retail client and wholesale client: home contents insurance product
7.1.14. Meaning of retail client and wholesale client: sickness and accident insurance product
7.1.15. Meaning of retail client and wholesale client: consumer credit insurance product
7.1.16. Meaning of retail client and wholesale client: travel insurance product
7.1.17. Meaning of retail client and wholesale client: personal and domestic property insurance product
7.1.17A.General insurance products: medical indemnity insurance products
7.1.17B.Retail clients and wholesale clients: aggregation of amounts for price or value of financial product
7.1.18. Retail clients and wholesale clients: price of investment-based financial products
7.1.19. Retail clients and wholesale clients: value of investment-based financial products
7.1.20. Retail clients and wholesale clients: price of income stream financial products
7.1.21. Retail clients and wholesale clients: value of income stream financial products
7.1.22. Retail clients and wholesale clients: value of derivatives
7.1.22A.Retail clients and wholesale clients: value of foreign exchange contracts
7.1.23. Retail clients and wholesale clients: price of non-cash payment financial products
7.1.24. Retail clients and wholesale clients: value of non-cash payment products
7.1.25. Retail clients and wholesale clients: life risk insurance and other risk-based financial products
7.1.26. Superannuation-sourced money
7.1.27. Retail clients and wholesale clients: effect of wholesale status
7.1.28. Retail clients and wholesale clients: assets and income

Division 3--When does a person provide a financial service

7.1.29. Circumstances in which a person is taken not to provide a financial service
7.1.29A.Self-managed superannuation funds
7.1.30. Information and advice about voting
7.1.31. Passing on prepared documents
7.1.32. Remuneration packages
7.1.33. Handling insurance claims
7.1.33A.Allocation of funds available for investment
7.1.33B.General advice
7.1.33D.Investment-linked life insurance products
7.1.33E.Advice about the existence of a custodial or depository service
7.1.33F.School banking
7.1.33G.Certain general advice that does not attract remuneration etc.
7.1.33H.Certain general advice given by a financial product issuer

Division 4--Dealings in financial products

7.1.34. Conduct that does not constitute dealing in a financial product
7.1.35. Conduct that does not constitute dealing in a financial product
7.1.35A.Conduct that does not constitute dealing in a financial product -- lawyers acting on instructions

Division 5--Custodial or depository services

7.1.40. Conduct that does not constitute the provision of a custodial or depository service

PART 7.2--LICENSING OF FINANCIAL MARKETS

Division 1--Market licensees' obligations

7.2.01. Obligation to inform ASIC of certain matters: contraventions of licence or Act
7.2.02. Obligation to inform ASIC of certain matters: becoming director, secretary or executive officer of market licensee
7.2.03. Obligation to inform ASIC of certain matters: ceasing to be director, secretary or executive officer of market licensee
7.2.04. Obligation to inform ASIC of certain matters: voting power in market licensee
7.2.05. Giving ASIC information about a listed disclosing entity
7.2.06. Annual report of market licensee

Division 2--The market's operating rules and procedures

7.2.07. Content of licensed market's operating rules
7.2.08. Content of licensed market's written procedures

Division 3--Powers of the Minister and ASIC

7.2.09. Agencies for compliance assessment

Division 4--The Australian market licence

7.2.10. Application of Division 4
7.2.11. Information
7.2.12. Documents

Division 5--The Australian market licence

7.2.13. Application of Division 5
7.2.14. Information
7.2.15. Documents

Division 6--The Australian market licence

7.2.16. Potential conflict situations

PART 7.3--LICENSING OF CLEARING AND SETTLEMENT FACILITIES

Division 1--Regulation of CS facility licensees

7.3.01. Obligation to inform ASIC of certain matters: becoming director, secretary or executive officer of CS facility licensee
7.3.02. Obligation to inform ASIC of certain matters: ceasing to be director, secretary or executive officer of CS facility licensee
7.3.03. Obligation to inform ASIC of certain matters: voting power in CS facility licensee
7.3.04. Annual report of CS facility licensee

Division 2--Regulation of CS facility licensees

7.3.05. Content of licensed CS facility's operating rules
7.3.06. Content of licensed CS facility's written procedures

Division 3--Regulation of CS facility licensees

7.3.07. Agencies for compliance assessment
7.3.08. Agencies for compliance assessment

Division 4--The Australian CS facility licence

7.3.09. Application of Division 4
7.3.10. Information
7.3.11. Documents

Division 5--The Australian CS facility licence

7.3.12. Application of Division 5
7.3.13. Information
7.3.14. Documents

PART 7.4--LIMITS ON INVOLVEMENT WITH LICENSEES

7.4.01. Widely held market body
7.4.02. Record-keeping: market licensee
7.4.03. Record-keeping: CS facility licensee
7.4.04. Information for widely held market body

PART 7.5--COMPENSATION REGIMES FOR FINANCIAL MARKETS

Division 1--Preliminary

7.5.01. Definitions for Part 7.5
7.5.01A.Modification of Act: compensation regimes
7.5.02. Meaning of becoming insolvent
7.5.03. Meaning of dealer
7.5.04. Meaning of excluded person
7.5.06. Meaning of sale and purchase of securities
7.5.07. Meaning of securities business: general
7.5.08. Meaning of securities business: Subdivision 4.9
7.5.09. Meaning of security
7.5.10. Meaning of transfer of securities
7.5.13. Effect of contravention of Part 7.5

Division 2--When there must be a compensation regime

7.5.14. Application for Australian market licence: information about compensation arrangements

Division 3--Approved compensation arrangements

7.5.15. Application for approval of compensation arrangements after grant of Australian market licence: information about compensation arrangements
7.5.16. Notification of payment of levies
7.5.17. Amount of compensation

Division 4--NGF Compensation regime

Subdivision 4.1--Preliminary

7.5.18. Application of Division 4

Subdivision 4.2--Third party clearing arrangements

7.5.19. Clearing arrangements

Subdivision 4.3--Contract guarantees

7.5.24. Claim by selling client in respect of default by selling dealer: ASTC-regulated transfer
7.5.25. Claim by selling client in respect of default by selling dealer: transaction other than ASTC-regulated transfer
7.5.26. Claim by buying client in respect of default by buying dealer: ASTC-regulated transfer
7.5.27. Claim by buying client in respect of default by buying dealer: transaction other than ASTC-regulated transfer
7.5.28. Cash settlement of claim: ASTC-regulated transfer
7.5.29. Cash settlement of claim: transfer other than ASTC-regulated transfer
7.5.30. Making of claims

Subdivision 4.7--Unauthorised transfer

7.5.53. Application of Subdivision 4.7
7.5.54. Claim by transferor
7.5.55. Claim by transferee or sub-transferee
7.5.56. How and when claim may be made
7.5.57. How claim is to be satisfied
7.5.58. Discretionary further compensation to transferor
7.5.59. Nexus with Australia

Subdivision 4.8--Contraventions of ASTC certificate cancellation provisions

7.5.60. Claim in respect of contravention of ASTC certificate cancellation provisions
7.5.61. How and when claim may be made
7.5.62. How claim is to be satisfied
7.5.63. Discretionary further compensation

Subdivision 4.9--Claims in respect of insolvent participants

7.5.64. Claim in respect of property entrusted to, or received by, dealer before dealer became insolvent
7.5.65. Cash settlement of claims if property unobtainable
7.5.66. Ordering of alternative claims and prevention of double recovery
7.5.67. No claim in respect of money lent to dealer
7.5.68. Nexus with Australia
7.5.69. No claim in certain other cases
7.5.70. Making of claims
7.5.71. Limits of compensation

Subdivision 4.10--General

7.5.72. Power of SEGC to allow and settle claim
7.5.73. Application of Fund in respect of certain claims
7.5.74. Discretion to pay amounts not received etc because of failure to transfer securities
7.5.75. Reduction in compensation
7.5.76. Claimant may be required to exercise right of set-off
7.5.77. Effect of set-off on claim
7.5.78. Claimant entitled to costs and disbursements
7.5.79. Interest
7.5.80. SEGC to notify claimant if claim disallowed
7.5.81. Arbitration of amount of cash settlement of certain claims
7.5.83. Notification of payment of levies
7.5.84. Notification of payment of levies

Subdivision 4.11--Other provisions relating to compensation

7.5.85. Prescribed body corporate with arrangements covering clearing and settlement facility support

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

7.5.86. Excess money in National Guarantee Fund
7.5.87. Excess money in fidelity fund
7.5.88. Minister's arrangements for use of excess money from compensation funds
7.5.89. Payment of excess money from NGF
7.5.90. Use of excess money from NGF
7.5.91. Payment of excess money from fidelity fund
7.5.92. Use of excess money from fidelity fund
7.5.93. Qualified privilege

PART 7.6--LICENSING OF PROVIDERS OF FINANCIAL SERVICES

7.6.01. Need for Australian financial services licence: general
7.6.01AA.Persons taken to hold financial services licences covering First Home Saver Accounts
7.6.01A.Providing financial services on behalf of a person who carries on a financial services business
7.6.01B.Need for Australian financial services licence: financial product advice provided by the media
7.6.01C.Obligation to cite licence number in documents
7.6.02. Alternative dispute resolution systems
7.6.02AAA.Compensation arrangements if financial services provided to persons as retail clients (Act s 912B)
7.6.02AA.Modification of section 912B of the Act: professional indemnity insurance and security instead of compensation arrangements
7.6.02AB.Modification of section 761G of the Act: meaning of retail client and wholesale client
7.6.02AC.Modification of section 761G of the Act: meaning of retail client and wholesale client
7.6.02AD.Modification of section 761G of the Act: meaning of retail client and wholesale client
7.6.02AE.Modification of section 9 of the Act: Definition of professional investor
7.6.02AF.Modification of section 761G of the Act: renewal period for accountants' certificates
7.6.02AG.Modification of section 911A of the Act
7.6.02AH.Modification of paragraph 911B (1) (e) of the Act
7.6.02A.Obligation to notify ASIC of certain matters
7.6.03. Applying for Australian financial services licence
7.6.03A.Australian financial services licence -- requirements for a foreign entity to appoint local agent
7.6.03B.Foreign entity must continue to have local agent
7.6.04. Conditions on Australian financial services licence
7.6.04A.Exemptions to notification of authorised representatives
7.6.05. Register of financial services licensees and register of authorised representatives of financial services licensees
7.6.06. ASIC register relating to persons against whom banning order or disqualification order is made
7.6.07. Restriction on use of certain words or expressions

PART 7.6A--AUTHORISED REPRESENTATIVES

7.6.08. Authorised representatives

CHAPTER 7--Financial services and markets

PART 7.7--FINANCIAL SERVICE DISCLOSURE

Division 1--Preliminary

7.7.01. How documents, information and statements are to be given

Division 2--Financial Services Guide

7.7.02. Situations in which Financial Services Guide is not required
7.7.02A.Situations when Financial Services Guide is not required
7.7.03. Financial Services Guide given by financial services licensee: description of documents
7.7.03A.Financial Services Guide given by financial services licensee: compensation arrangements
7.7.04. Financial Services Guide given by financial services licensee: remuneration, commission and benefits
7.7.04A.Financial services guide given by financial services licensee: more detailed information about remuneration etc
7.7.05. Record of advice given by financial services licensee
7.7.05A.Financial Services Guide given by authorised representative of financial services licensee: authorised representative number
7.7.05B.Personalised Financial Services Guide
7.7.05C.Exemption from providing certain information in a Financial Services Guide
7.7.06. Financial Services Guide given by authorised representative of financial services licensee: description of documents
7.7.06A.Financial Services Guide given by authorised representative of financial services licensee -- licence number
7.7.06B.Financial Services Guide given by authorised representative of financial services licensee: compensation arrangements
7.7.07. Financial Services Guide given by authorised representative of financial services licensee: remuneration, commission and benefits
7.7.07A.Financial services guide given by authorised representative: more detailed information about remuneration etc
7.7.08. Record of advice given by authorised representative of financial services licensee

Division 2A--Combined Financial Services Guide and Product Disclosure Statement

7.7.08A.Combined Financial Services Guide and Product Disclosure Statement

Division 2B--Record of small investment advice

7.7.08C.Record of small investment advice -- content requirements

Division 3--Statement of Advice

7.7.09. Situations in which statement of advice is not required: further advice
7.7.09A.Situations in which Statement of Advice is not required: small investments threshold
7.7.09B.Statement of Advice from providing entity -- information not included in the Statement
7.7.09C.Requirement to keep Statement of Advice and other documents
7.7.10. Products for which a Statement of Advice is not required
7.7.10AA.Obligation on authorised representative to give a financial services guide
7.7.10AAA.Record of advice without a recommendation to purchase or sell -- content requirements
7.7.10AB.Financial services guide-- contents of guide
7.7.10AC.Financial services guide
7.7.10AD.Financial services guide
7.7.10AE.Situations in which Statement of Advice not required
7.7.10AF.Various consequential amendments to Division 7 of Part 7.7 concerning situations where Financial Services Guides do not have to be given
7.7.10AG.Various consequential amendments to Division 7 of Part 7.7
7.7.10AH.Business days
7.7.10A.Statements of Advice -- requirement to state information as amounts in dollars
7.7.10B.Insertion of definition -- further advice
7.7.10C.Omission of definition -- further market-related advice
7.7.10D.Additional information in Statement of Advice
7.7.10E.Additional information in Statement of Advice
7.7.11. Statement of Advice given by financial services licensee
7.7.11A.Statement of Advice given by authorised representative of financial services licensee -- licence number
7.7.11B.Statement of Advice -- disclosure of dollar amounts
7.7.12. Statement of Advice given by authorised representative of financial services licensee
7.7.13. Statement of Advice provided by authorised representative -- disclosure of dollar amounts
7.7.13A.Additional information about charges or benefits -- disclosure of dollar amounts
7.7.13B.Additional information about charges or benefits -- disclosure of dollar amounts

Division 4--General advice provided to a retail client

7.7.14. Product Disclosure Statement not required

Division 5--Other disclosure requirements

7.7.20. General advice to retail client -- no obligation to warn client
7.7.20A.Extension of disclosure requirements to wholesale clients dealing with certain unauthorised insurers

Division 6--Exemptions from application of Part 7

7.7.21. Exemption from application of Part 7.7 of the Act

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

7.8.01. Obligation to pay money into an account
7.8.02. Accounts maintained for section 981B of the Act
7.8.03. How money to be dealt with if licensee ceases to be licensed etc
7.8.04. Money to which Subdivision A of Division 2 of Part 7.8 of the Act applies taken to be held in trust: breach of financial services law
7.8.05. Money to which Subdivision A of Division 2 of Part 7.8 of the Act applies taken to be held in trust: risk accepted by insurer
7.8.06. Statement setting out terms of loan etc
7.8.07. How property to which Division 3 of Part 7.8 of the Act to be dealt with
7.8.08. Debts of financial services licensee in relation to premiums etc
7.8.11. Particular categories of information to be shown in records
7.8.12. Requirements in relation to financial records of financial services licensees
7.8.13. Auditor's report with annual profit and loss statement and balance sheet
7.8.14. Contents of annual profit and loss statement and balance sheet and applicable accounting procedures
7.8.14A.Lodgement of annual profit and loss statement and balance sheet
7.8.15. Appointment of auditor by financial services licensee
7.8.16. When person is ineligible to act as auditor of financial services licensee
7.8.17. Priority to clients' orders
7.8.18. Instructions to deal through licensed markets
7.8.19. Records of instructions to deal on licensed markets and foreign markets
7.8.20. Dealings with non-licensees
7.8.20A.Dealings involving employees of financial service licensees -- risk insurance products
7.8.21. Dealings involving employees of financial services licensees
7.8.21A.Anti-hawking provisions if no Product Disclosure Statement is required
7.8.22. Hours for hawking certain financial products
7.8.22A.Modification of Part 7.8
7.8.22B.Return of financial product: first home saver accounts
7.8.23. Return of financial product: transfer between superannuation entities or RSAs
7.8.24. Right of return not to apply
7.8.25. Variation of amount to be repaid

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

Division 1--Preliminary

7.9.01. Interpretation
7.9.02. Sub-plans
7.9.02A.Alternative ways of giving Statement
7.9.02B.Product Disclosure Statement in electronic form

Division 2--Arrangements for Product Disclosure Statements in relation to superannuation products and RSA products

Subdivision 2.1--Preliminary

7.9.03. Application of Division 2
7.9.04. Product Disclosure Statement to be provided later

Subdivision 2.3--Product Disclosure Statement for retirement savings account

7.9.05. Situation in which Product Disclosure Statement is not required
7.9.06A.Relevant superannuation entities
7.9.06B.Application forms

Subdivision 2.5--Product Disclosure Statement for insurance options

7.9.07. Modification of Act: Product Disclosure Statement in relation to insurance options

Division 2A--Product Disclosure Statement for warrants

7.9.07A.Warrants

Division 2B--Product Disclosure Statement for market-traded derivatives

7.9.07B.Product Disclosure Statements for certain market-traded derivatives
7.9.07C.Remedies for Product Disclosure Statements for certain market-traded derivatives

Division 2BA--Product Disclosure Statement for discretionary mutual funds

7.9.07CA.Extension of Product Disclosure Statement requirements to wholesale clients

Division 2C--Situations where a Product Disclosure Statement is not required

7.9.07D.Product Disclosure Statement not required for offers of bundled contracts of insurance
7.9.07E.Product Disclosure Statement not required if offer of financial product is declined
7.9.07F.Product Disclosure Statement not required if the client is not contactable
7.9.07FA.Product Disclosure Statement not required for certain specified products
7.9.07FB.Product Disclosure Statement not required if client not in this jurisdiction
7.9.07FC.Product Disclosure Statement not required general insurance situation

Division 2D--Preparation and content of Product Disclosure Statements

7.9.07J.Only 1 responsible person for a Product Disclosure Statement
7.9.07K.Definition of defective: Product Disclosure Statement, Short-Form PDS or Replacement Product Disclosure Statement

Division 3--Dealing with money received for financial product before the product is issued

7.9.08. Accounts
7.9.08A.Dealing with interest
7.9.08B.Crediting of payments before money is received
7.9.08C.Money held in trust for a superannuation product or RSA product
7.9.08D.Statutory funds under the Life Insurance Act 1995

Division 3A--Rights and obligations related to Product Disclosure Statement -- first home saver accounts

7.9.08E.Application forms

Division 4--Content of Product Disclosure Statements

Subdivision 4.1--Preliminary

7.9.09. Application of Division 4

Subdivision 4.2--Content of Product Disclosure Statements for First Home Saver Accounts

7.9.10. Application of Subdivision
7.9.10A.Definitions
7.9.10B.Modification of Act
7.9.10C.Product Disclosure Statement consisting of 2 or more documents
7.9.10D.Manner of giving Product Disclosure Statement for first home saver accounts
7.9.10E.Form and content of Product Disclosure Statement

Subdivision 4.3--Other arrangements for Product Disclosure Statements and application forms

7.9.12. Modification of Act: Product Disclosure Statements and application forms for standard employer-sponsors and successor funds
7.9.13. Offer of superannuation interest without application or eligible application
7.9.13A.Remedies for person acquiring financial product under defective Product Disclosure Statement: first home saver accounts
7.9.14. Remedies for person acquiring financial product under defective Product Disclosure Statement: superannuation and RSAs
7.9.14A.Treatment of arrangements under which a person can instruct another person to acquire a financial product
7.9.14B.Product information

Division 4A--General

7.9.14C.Labour standards and environmental, social and ethical considerations
7.9.15. More detailed information in Product Disclosure Statement: unauthorised foreign insurer
7.9.15A.Product Disclosure Statements -- requirement to state information as amounts in dollars
7.9.15B.Product Disclosure Statements -- disclosure of dollar amounts
7.9.15C.Product Disclosure Statements -- disclosure of dollar amounts
7.9.15D.Less information in product disclosure statement: general insurance product
7.9.15DA.Statement or information not included in a Product Disclosure Statement
7.9.15DB.Requirement to keep record of Product Disclosure Statement and other documents
7.9.15DC.Requirement to lodge documents mentioned in a Product Disclosure Statement with ASIC
7.9.15E.More detailed information in product disclosure statement: general insurance product
7.9.15F.Product disclosure statement: general insurance product
7.9.15FA.Transitional arrangements for regulations 7.9.15D, 7.9.15E and 7.9.15F
7.9.15G.Business days
7.9.15H.New section 1012G: product disclosure statement may sometimes be provided later
7.9.15I.Modification of section 1012IA
7.9.16. More detailed information in Product Disclosure Statement: consumer credit insurance product
7.9.16A.Small scale offerings of managed investment and other prescribed financial products (20 issues or sales in 12 months)

Division 4B--Ongoing disclosure

7.9.16G.Ongoing disclosure of material changes and significant events

Division 4C--Fee Disclosure for certain financial products

Subdivision 4C.1--Application

7.9.16J.Application of Division 4C to financial products
7.9.16JA.Application of Division 4C to financial products -- temporary arrangements
7.9.16K.Application of Division 4C to periodic statements and Product Disclosure Statements
7.9.16L.More detailed information about fees and costs
7.9.16M.Modification of section 1015C of the Act
7.9.16N.Presentation, structure and format of fees and costs in Product Disclosure Statements
7.9.16O.Presentation, structure and format of fees and charges in periodic statements

Division 4D--Other requirements relating to Product Disclosure Statements and Supplementary Product Disclosure Statements

Subdivision 4D.1--Requirement to lodge a notice with ASIC

7.9.16T.Variation of paragraph 1015D (2) (b) of the Act

Division 5--Ongoing requirements for product disclosure after person becomes a member

Subdivision 5.1--Preliminary

7.9.17. Application of Division 5

Subdivision 5.2--Periodic statements for retail clients for financial products that have an investment component: regulated superannuation funds, ADFs and RSAs

7.9.18. Application of Subdivision 5.2
7.9.19. Specific requirements for periodic statements: superannuation funds (other than self managed superannuation funds) and RSAs
7.9.19A.Withdrawal benefit -- fees, charges or expenses
7.9.19B.Withdrawal benefit -- fees, charges and expenses
7.9.20. Specific requirements for certain periodic statements: superannuation funds (other than self managed superannuation funds)
7.9.20A.Details of other significant benefits -- disclosure of fees, charges or expenses
7.9.20B.Other significant benefits -- disclosure of fees, charges or expenses
7.9.21. Specific requirements in particular cases: member (other than capital guaranteed member) of fund other than a self managed superannuation fund
7.9.22. Specific requirements: capital guaranteed funds and RSAs
7.9.23. Information for capital guaranteed fund: benefits reach $10 000
7.9.24. Modification of Act: pensioners, members subject to compulsory protection of small amounts and members with small amounts that are expected to grow quickly

Subdivision 5.3--Periodic statements for retail clients for financial products that have an investment component: information for RSAs

7.9.25. Application of Subdivision 5.3
7.9.26. Specific requirements where applicable: RSAs
7.9.27. Modification of Act: periodic statements for RSA holders
7.9.28. Information for RSA: amount reaches $10 000
7.9.29. Application of Subdivision 5.4
7.9.30. Additional information for change to choices

Subdivision 5.5--Fund information for retail clients for financial products that have an investment component: superannuation

7.9.31. Application of Subdivision 5.5
7.9.32. Reporting periods: general
7.9.33. Use of more than 1 document

Subdivision 5.6--Fund information for retail clients for financial products that have an investment component: fund information for regulated superannuation funds and ADFs

7.9.34. Application of Subdivision 5.6
7.9.35. General requirement
7.9.36. Specific requirements in all cases
7.9.37. Specific requirements in particular cases
7.9.38. Specific information in particular case: self managed superannuation fund
7.9.39. Benefits determined by life insurance products

Subdivision 5.7--Fund information for retail clients for financial products that have an investment component: fund information for pooled superannuation trusts

7.9.40. Application of Subdivision 5.7
7.9.41. Specific requirements in all cases
7.9.42. Specific requirements in particular cases

Subdivision 5.8--Ongoing disclosure of material changes and significant events

7.9.43. Modification of Act: disclosure of material changes and significant events in relation to superannuation products and RSA products
7.9.44. Benefits to be paid to eligible rollover fund

Subdivision 5.9--Information on request: members

7.9.45. Regulated superannuation funds, ADFs and pooled superannuation trusts

Subdivision 5.7--of Division 5; or

7.9.46. RSAs

Subdivision 5.10--Information on request: payments

7.9.47. Modification of Act: charges for information requested

Subdivision 5.11--Information about complaints

7.9.48. Complaints: regulated superannuation fund or approved deposit fund

Subdivision 5.12--Periodic report when product holder ceases to hold product: superannuation products and RSA products

7.9.49. Application of Subdivision 5.12
7.9.50. Exit reporting period
7.9.51. Time for compliance
7.9.52. General requirement
7.9.53. Information on death of product holder
7.9.54. Specific requirements in all cases
7.9.55. Specific requirements in particular cases
7.9.56. Exceptions to exit reporting period provisions: superannuation products and RSA products
7.9.57. Exception -- members subject to compulsory protection of small amounts
7.9.58. Information to be given in cases other than death of RSA holder
7.9.59. Information to be given where applicable
7.9.60. Modification of Act: exceptions to exit reporting period provisions

Division 5AA--General requirements for financial disclosure

7.9.60A.Modification of Act: disclosure
7.9.60B.Disclosure of transactions in periodic statements

Division 5AB--Short-Form Product Disclosure Statements

7.9.61AA.Modification of the Act: Short-Form Product Disclosure Statements

Division 5A--Dealing with money received for financial product before the product is issued

7.9.61A.Lost application money
7.9.61B.Issue of substitute insurance product
7.9.61C.Cheques

Division 5B--Confirming transactions

7.9.61D.Transactions involving superannuation products

Division 6--Confirmation of transactions

7.9.62. Confirmation of transaction: superannuation products and RSAs
7.9.63. Confirmation of transactions: precise costs of transaction not known
7.9.63A.Persons who must confirm transactions
7.9.63B.Content of confirmation of transactions -- general
7.9.63C.Confirmation of transaction -- multiple transactions
7.9.63D.Confirmation of transaction -- information about cooling-off period
7.9.63E.Confirmation of transaction -- facility that provides written confirmation
7.9.63F.Confirmation of transaction -- acquisition of financial product
7.9.63G.Confirmation of transaction -- disposal of financial product
7.9.63H.Certain product issuers and regulated persons must meet appropriate dispute resolution requirements -- self managed superannuation funds
7.9.63I.Confirmation of transaction in electronic form

Division 7--Cooling-off periods

7.9.64. Cooling-off periods not to apply
7.9.64A.Notification of exercise of right of return -- risk insurance products
7.9.65. Return of financial product: general
7.9.65A.Return of financial product: first home saver accounts
7.9.66. Return of financial product: superannuation and RSAs
7.9.67. Variation of amount to be repaid
7.9.68. Modification of section 1019B of the Act: client includes standard employer-sponsor
7.9.69. Modification of provisions of Division 5 of Part 7.9 of the Act: terms of contract
7.9.70. Modification of provisions of Division 5 of Part 7.9 of the Act: distributions

Division 8--Other requirements

7.9.71. Modification of section 1017D of the Act: use of more than 1 document
7.9.71A.Periodic statements -- exemption for passbook accounts
7.9.72. Modification of section 1017D of the Act: information already given
7.9.73. Reporting periods: general
7.9.74. Form of application
7.9.74A.Periodic statements -- requirement to state information as amounts in dollars
7.9.74B.Periodic statements -- additional details for First Home Saver Accounts
7.9.75. Content of periodic statements: costs of transactions
7.9.75A.Ways of giving information
7.9.75B.Information in electronic form
7.9.75C.Periodic statements -- disclosure of amounts
7.9.75D.Periodic statements -- disclosure of amounts
7.9.76. Consents to certain statements
7.9.77. Alternative dispute resolution requirements -- product issuer that is not a financial services licensee
7.9.78. Additional statement: trustee required to provide benefits
7.9.79. Short selling of securities, managed investment products and certain other financial products
7.9.80A.Short selling of securities, managed investment products and certain other financial products
7.9.80B.Short selling of certain warrants

Division 9--Additional requirements for transfer of lost members and lost RSA holders

7.9.81. Lost members
7.9.82. Lost RSA holders

Division 11--Superannuation to which arrangements apply under the

7.9.84. Definitions for Division 11
7.9.85. Application of Division 11
7.9.86. Acquisition of financial product
7.9.87. Modification of Act: Product Disclosure Statement in relation to superannuation interest under Family Law Act
7.9.88. Statement content in relation to superannuation interest under Family Law Act: superannuation fund
7.9.89. Statement content in relation to superannuation interest under Family Law Act: RSA
7.9.90. Information for existing holders of superannuation products and RSA products in relation to superannuation interest
7.9.91. Periodic statements for retail clients for financial products that have an investment component -- general
7.9.92. Periodic statements for retail clients for financial products that have an investment component -- superannuation interest other than percentage-only interest
7.9.93. Trustees of superannuation entities -- additional obligation to provide information in relation to superannuation interest
7.9.94. Division 5 of Part 7.9 of the Act not to apply in relation to non-member spouse

Division 12--Medical indemnity insurance

7.9.95. Medical indemnity insurance -- exemption from product disclosure provisions

Division 13--Unsolicited offers to purchase financial products off market

7.9.96. Percentage increase or decrease in the market value of a product
7.9.97. Off-market trading by professional investors etc
7.9.98. Certain providers of financial services exempted from the requirements of Parts 7.7, 7.8 and 7.9 of the Act

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

7.10.01.Division 3 financial products
7.10.02.Prescribed schemes (Act s 1044B (2) (a))

PART 7.11--TITLE AND TRANSFER

Division 1--Preliminary

7.11.01.Definitions
7.11.02.Authorised trustee corporation
7.11.03.Arrangements about Division 4 financial products
7.11.04.Arrangements for forms
7.11.05.Document duly completed in accordance with a particular form
7.11.06.Stamping of documents
7.11.07.Application of Division 3 of Part 7.11 of the Act to certain bodies
7.11.08.Interests in registered schemes

Division 2--Application of Part 7

7.11.09.Application

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

7.11.10.Application of Division 3
7.11.11.Sufficient transfer: general
7.11.12.Sufficient transfer of Division 3 assets: authorised trustee corporation
7.11.13.Sufficient transfer of Division 3 rights: authorised trustee corporation
7.11.14.Sufficient transfer
7.11.15.Transferee's execution of transfer of Division 3 assets
7.11.16.Transferee's execution of transfer of Division 3 rights
7.11.17.Transfer document that purports to bear stamp of transferor's broker
7.11.18.Warranties by market licensee if transfer document purports to bear its stamp
7.11.19.Indemnities by market licensee and broker if transfer document purports to bear their stamps
7.11.20.Joint and several warranties and liabilities
7.11.21.Registration of certain instruments
7.11.22.Details to be included in instrument of transfer

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

7.11.23.Application of Division 4
7.11.24.Application of ASTC operating rules
7.11.25.Participant's authority to enter into transaction continues despite client's death
7.11.26.Authority to enter into transaction gives authority to transfer
7.11.27.Effect of proper ASTC transfer on transferee: Division 4 financial products other than rights
7.11.28.Effect of proper ASTC transfer on transferee: rights
7.11.29.Warranties by participant if identification code is included in transfer document
7.11.30.Indemnities in respect of warranted matters: transfer not effected by the participant
7.11.31.Indemnities in respect of warranted matters: transferor not legally entitled or authorised to transfer Division 4 financial products
7.11.32.Indemnities in respect of warranted matters: participant not authorised to effect transfer
7.11.33.Joint and several warranties and liabilities
7.11.34.ASTC entitled to assume its operating rules complied with
7.11.35.ASTC-regulated transfer not to be registered unless proper ASTC transfer
7.11.36.Issuer not to refuse to register proper ASTC transfer
7.11.37.Determination of who holds Division 4 financial products for the purposes of meeting
7.11.38.Determination of who holds Division 4 financial products in class of Division 4 financial products for the purposes of meeting
7.11.39.Determination of who holds Division 4 financial products for the purposes of conferring security benefits

Division 5--Offences

7.11.40.Stamping of broker's stamp on sufficient transfer
7.11.41.Inclusion of identification codes in proper ASTC transfers
7.11.42.Contravention by participant of the ASTC certificate cancellation provisions relating to use of cancellation stamps

Division 6--Civil liability

7.11.43.Contravention by participant of the ASTC certificate cancellation provisions

PART 7.12--MISCELLANEOUS

7.12.01.Destruction of records by ASIC

CHAPTER 8--Mutual recognition of securities offers

PART 8.1--PRELIMINARY

8.1.01. Prescribed foreign recognition scheme (Act s 1200A (1))
8.1.02. Prescribed offeror (Act s 1200A (1))
8.1.03. Prescribed recognised jurisdiction (Act s 1200A (1))

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

Division 1--Recognised offers

8.2.01. Prescribed offer (Act s 1200C (4))
8.2.02. Prescribed warning statements (Act s 1200E)
8.2.03. Prescribed details to be given in warning statements (Act s 1200E (b))
8.2.04. Prescribed home regulators (Act s 1200G (13) and (14))

Division 4--Modification of the Act in relation to its application to recognised offers for interests in New Zealand managed investment schemes

8.4.01. Modification of Part 7.9 of the Act -- New Zealand offer documents replace Product Disclosure Statements
8.4.02. Modification of Part 6D.2 of the Act and Part 7.9 of the Act -- certain disclosure obligations not to apply

CHAPTER 9--Miscellaneous

PART 9.1--REGISTERS AND REGISTRATION OF DOCUMENTS

9.1.01. Prescribed registers
9.1.02. Prescribed information

PART 9.2--REGISTRATION OF AUDITORS AND LIQUIDATORS

Division 2--Registration

9.2.01. Practical experience in auditing (Act s 1280 (2))
9.2.02. Prescribed universities and institutions (Act ss 1280 (2A) and 1282 (2))
9.2.03. Prescribed courses (Act s 1280 (2A))
9.2.05. Application of security under subsection 1284 (2) of the Act
9.2.06. Discharge, return or release of security
9.2.07. Effect of discharge of security

Division 2A--Conditions on registration

9.2.08. Kinds of conditions (Act s 1289A)

PART 9.2A--AUTHORISED AUDIT COMPANIES

Division 1--Registration

9.2A.01.Application for registration as authorised audit company (Act s 1299A)
9.2A.03.Annual statements by authorised audit company (Act s 1299G)

PART 9.4--PENALTY NOTICE OFFENCES AND PENALTIES

9.4.01. Prescribed offences (Act s 1313)
9.4.02. Prescribed penalties (Act s 1313)
9.4.03. Late payment of review fee -- prescribed offence and penalty (Act s 1313 and 1364)

PART 9.4A--REGISTER AND INDEX

9.4A.01.Definitions for Part 9.4A
9.4A.02.Register and index must be kept up to date: subsection 1306 (4A) of the Act

PART 9.5--DELEGATION OF POWERS AND FUNCTIONS UNDER THE ACT

9.5.01. Prescribed functions (Law s 1345A (1))

PART 9.12--MATTERS RELATING TO REGULATIONS

9.12.01.Exemptions from Chapter 7
9.12.02.Exemption from provisions of Chapter 7 -- CLS Bank
9.12.03.Partial exemption of foreign-based market licensees from certain notification obligations

CHAPTER 10--Repeals

PART 10.1--OLD CORPORATIONS REGULATIONS

10.1.01.Repeal of Corporations Regulations 1990
10.1.02.Repeal of Partnerships and Associations Application Order 1999 (No. 1)

PART 10.2--TRANSITIONAL ARRANGEMENTS RELATING TO FINANCIAL SERVICES REFORM LEGISLATION

Division 1--Preliminary

10.2.01.Application of Part 10.2
10.2.02.Definitions
10.2.02A.References to transition periods
10.2.02B.References to the application of Division 2 of Part 7.9 of the Act

Division 1A--Treatment of proposed markets that have not started to operate by the FSR commencement

10.2.02C.Proposed markets

Division 2--Transitional arrangements relating to business rules or listing rules

Subdivision 2.1--Business rules

10.2.03.Amendment of business rules of securities exchange before FSR commencement
10.2.04.Amendment of SCH business rules before FSR commencement
10.2.05.Amendment of SEGC business rules before FSR commencement
10.2.06.Amendment of business rules of futures body before FSR commencement

Subdivision 2.2--Listing rules

10.2.07.Amendment of listing rules of securities exchange before FSR commencement

Division 3--Status of directions and notices

10.2.08.Direction to securities exchange to comply with ongoing requirements
10.2.09.Notice to securities exchange of need to prohibit trading
10.2.10.Notice to securities exchange prohibiting trading
10.2.11.Direction to futures exchange -- orderly market

Division 4--Assistance to ASIC

10.2.12.Obligations of securities exchange: disciplinary action
10.2.13.Obligations of securities exchange: particulars of contravention
10.2.14.Obligations of securities exchange: information about listed disclosing entity
10.2.15.Obligations of securities clearing house: disciplinary action
10.2.16.Obligations of futures body: disciplinary action
10.2.17.Obligations of futures body: particulars of contravention
10.2.18.Obligations of clearing house for futures exchange: information about listed disclosing entity

Division 5--Special reports

10.2.19.Special report by securities exchange about compliance with ongoing requirements
10.2.20.Special report by securities exchange about compliance with ongoing requirements: ASIC requirements

Division 5A--Transactions by holder of financial services licence or a representative of the holder of such a licence

10.2.20A.References to financial service licensee

Division 5B--Obligation to pay money into account

10.2.20B.Financial products quoted on Australian Stock Exchange Limited

Division 6--Self-listing

10.2.21.Status of arrangements for self-listing
10.2.22.Status of exemption relating to self-listing

Division 7--Decisions about membership of futures exchange

10.2.23.Status of notice to applicant
10.2.24.Status of notice to ASIC

Division 8--National Guarantee Fund

10.2.25.Status of claim against the National Guarantee Fund
10.2.26.Entitlement to make claim against the National Guarantee Fund
10.2.27.Status of future claim against the National Guarantee Fund
10.2.27A.Expenditure of excess funds from National Guarantee Fund

Division 9--Claims against fidelity funds

10.2.28.Status of claim against fidelity fund
10.2.29.Entitlement to make claim against fidelity fund
10.2.29A.Status of incomplete claim against fidelity fund
10.2.30.Status of future claim against fidelity fund

Division 10--Status of netting markets

10.2.31.Netting markets
10.2.32.Netting market approval granted before the FSR commencement

Division 11--Status of listed securities

10.2.33.Securities of exempt stock markets

Division 12--Miscellaneous

10.2.34.Preservation of nomination of body corporate as SEGC

Division 13--Regulated principals

10.2.35.Definitions
10.2.35A.Streamlined licensing procedure for certain regulated principals
10.2.36.Persons who are not covered by section 1433 of the Act
10.2.37.Variation of conditions on financial services licence
10.2.38.Persons taken to be regulated principals: giving of incidental advice and previously exempt persons
10.2.39.Reference to offer covered by Australian financial services licence: section 911A of the Act
10.2.40.Reference to financial services licensee: section 911A of the Act
10.2.40A.Need for an Australian financial services licence
10.2.41.Reference to second principal: section 911B of the Act
10.2.42.Reference to financial services licensee: section 916D of the Act
10.2.43.Status of insurance agent: section 1436A of the Act
10.2.44A.Obligation to cite licence number in documents
10.2.46.When Australian financial services licence may be granted
10.2.46A.When Australian financial services licence may be varied
10.2.47.Dispute resolution requirements: no external dispute resolution scheme
10.2.47A.Modification of pre-FSR authority

Division 14--Financial services disclosure

10.2.48.Obligation to give Financial Services Guide for service arranged before application of Part 7.7 of the Act
10.2.48A.Obligation to give a Financial Services Guide for a custodial and depository service
10.2.49.Obligation to give Financial Services Guide in relation to existing clients
10.2.50.Content of Financial Services Guide for an authorised representative that is a regulated principal or a representative of a regulated principal
10.2.50A.Treatment of arrangements under which a person can instruct another person to acquire a financial product

Division 15--Other provisions relating to conduct etc

10.2.51.Sale offers that need disclosure
10.2.52.Offers that do not need disclosure: small scale offerings
10.2.52A.Offers that do not need disclosure
10.2.53.Money other than loans: financial services licensee who formerly held dealer's licence
10.2.54.Money other than loans: financial services licensee who formerly held futures broker's licence
10.2.55.Money other than loans: financial services licensee who was formerly a registered insurance broker
10.2.56.Money other than loans: financial services licensee who ceases to be licensed
10.2.57.Loan money: financial services licensee who formerly held dealer's licence
10.2.58.Other property of clients: financial services licensee who formerly held dealer's licence
10.2.59.Other property of clients: financial services licensee who formerly held futures broker's licence
10.2.60.Special provisions relating to insurance: financial services licensee who was formerly a registered insurance broker
10.2.61.Obligation to report: financial services licensee who formerly held a futures broker's licence
10.2.62.Reporting in relation to dealings in derivatives: financial services licensee who formerly held a dealer's licence
10.2.63.Financial statements of financial services licensee: general
10.2.64.Financial statements of financial services licensees who were certain regulated principals
10.2.65.Auditors: certain financial services licensee who formerly held dealer's licence
10.2.66.Auditors: certain financial services licensees who held a futures broker's licence
10.2.67.Auditor's report in certain matters: financial services licensee who formerly held a dealer's licence
10.2.68.Auditor's report on certain matters: financial services licensee who formerly held a futures broker's licence
10.2.69.Auditor's report on certain matters: financial services licensee who was formerly a registered insurance broker
10.2.70.Priority to clients' orders: financial services licensee who held a dealers licence
10.2.71.Sequencing of instructions to deal through licensed markets: financial services licensee who formerly held a futures brokers licence
10.2.72.Records relating to instructions to deal through licensed markets: financial services licensee who held a futures brokers licence
10.2.73.Dealing with non-licensees: financial services licensee who held a dealers licence
10.2.73A.Advertising for financial products
10.2.73B.Freezing accounts

Division 16--Product disclosure provisions for existing products during transition period

10.2.74.Financial products in the same class
10.2.75.References to financial services licensee
10.2.76.References to retail client
10.2.77.References to issue of product
10.2.78.References to Product Disclosure Statement: offer previously accepted
10.2.79.References to Product Disclosure Statement: managed investment products
10.2.80.Lodgment of Product Disclosure Statement after lodgment of notice
10.2.81.Ongoing disclosure
10.2.82.Money received for financial product before the product is issued: general
10.2.83.Money received for financial product before the product is issued: requirement before application of subsection 37 (2) of Insurance (Agents and Brokers) Act 1984
10.2.84.Confirmation of transactions
10.2.85.Dispute resolution requirements: financial products
10.2.86.Dispute resolution requirements: regulated principals
10.2.87.Dispute resolution requirements: no external dispute resolution scheme
10.2.87A.Meaning of financial product advice: exempt document or statement

Division 17--Arrangements relating to enforcement of matters by ASIC

10.2.88.Definition
10.2.89.Financial services law
10.2.90.ASIC may have regard to prior conduct and events
10.2.91.Power to act in relation to relevant old legislation

Division 18--Specific kinds of documents in existence before FSR commencement

10.2.92.Banning orders made before FSR commencement
10.2.93.Banning orders made under relevant old legislation after FSR commencement
10.2.94.Banning orders made under the Act after FSR commencement
10.2.94A.Prohibitions under paragraphs 827 (1) (d) and 1192 (1) (d) of the old Corporations Act made before FSR commencement
10.2.94B.Prohibitions under paragraphs 827 (1) (d) and 1192 (1) (d) of the old Corporations Act made after FSR commencement
10.2.95.Undertakings
10.2.96.Registers in existence before FSR commencement
10.2.97.Registers created after FSR commencement
10.2.98.Registers, documents and things kept before FSR commencement
10.2.98A.Licenses, registration, etc in force before FSR commencement

Division 19--Extension of limitation periods

10.2.99.Application of items 111 and 121 of the Financial Services Reform (Consequential Provisions) Act 2001 to amendments of the Australian Securities and Investments Commission Act 2001

Division 20--Rules for dealing with liability during transition period

10.2.100.Application of Division 20
10.2.101.Definitions for Division 20
10.2.102.Liability of responsible person: general rules
10.2.103.Conduct by a person who operates as representative and principal
10.2.104.Operation of regulations 10.2.102 and 10.2.103

Division 21--Title and transfer

10.2.105.Loss or destruction of certificates
10.2.106.Instrument of transfer
10.2.107.Trustee etc may be registered as owner of shares
10.2.108.Registration of transfer at request of transferor
10.2.109.Notice of refusal to register transfer
10.2.110.Duties of company with respect to issue of certificates: allotment of shares or debentures or making interests available
10.2.111.Duties of company with respect to issue of certificates: transfer of shares, debentures or interests
10.2.112.Notices relating to non-beneficial and beneficial ownership of shares
10.2.113.What is a sufficient transfer of marketable securities or marketable rights: general
10.2.114.Sufficient transfer by authorised trustee corporation
10.2.115.Determination of who holds quoted securities for the purposes of a meeting: determination made before FSR commencement

Division 22--Transitional matters under relevant old legislation

10.2.116.Cash dealer
10.2.117.Exempt cash transaction

Division 23--Transitional matters under relevant old legislation

10.2.118.Offshore banking units

Division 24--Transitional matters under relevant old legislation

10.2.119.Insurers carrying on class of insurance business

Division 24A--Transitional matters under relevant old legislation

10.2.119A.Debts of broker in relation to premiums etc
10.2.119B.Disqualifications made before FSR commencement
10.2.119C.Disqualifications made after FSR commencement

Division 25--Transitional matters under relevant old legislation

10.2.120.Marine policy effected through broker

Division 25A--Transitional matters under relevant old legislation

10.2.120A.Continuation of RSA Regulations during transition period

Division 25B--Transitional matters under relevant old legislation

10.2.120B.Continuation of SIS Regulations during transition period

Division 26--Transitional matters under relevant old legislation

10.2.121.Life insurance broker

Division 27--Transitional matters under the Act

10.2.122.Solvency and insolvency
10.2.123.Managed investment products held by 100 or more persons
10.2.124.When a managed investment scheme must be registered
10.2.125.Responsible entity to be a public company and hold an Australian financial services licence
10.2.126.Duties of officers of responsible entity
10.2.127.Voidable contracts
10.2.128.Situations not giving rise to relevant interests
10.2.129.Bidder's statement content
10.2.130.Continuous disclosure: other disclosing entities
10.2.131.Sale offers that need disclosure: securities issued before FSR commencement
10.2.132.Offers that do not need disclosure: offer to sophisticated investor through licensed dealer
10.2.133.Prospectus content: genera