Commonwealth Numbered Acts

AUSTRALIAN SECURITIES COMMISSION ACT 1989

TABLE OF PROVISIONS

           Long Title

   1.      Short title  
   2.      Commencement  
   3.      Objects  
   4.      Extension to external Territories  
   5.      Interpretation  
   6.      Giving information  
   7.      Establishment  
   8.      Commission is a body corporate  
   9.      Membership  
   10.     Chairperson and Deputy Chairperson  
   11.     Functions and powers  
   12.     Directions by Minister  
   13.     General powers of investigation  
   14.     Minister may direct investigations  
   15.     Investigation after report of receiver or liquidator  
   16.     Interim report on investigation  
   17.     Final report on investigation  
   18.     Distribution of report  
   19.     Notice requiring appearance for examination  
   20.     Proceedings at examination  
   21.     Requirements made of examinee  
   22.     Examination to take place in private  
   23.     Examinee's lawyer may attend  
   24.     Record of examination  
   25.     Giving to other persons copies of record  
   26.     Copies given subject to conditions  
   27.     Record to accompany report  
   28.     When certain powers may be exercised  
   29.     Commission may inspect books without charge  
   30.     Notice to produce books about affairs of body corporate  
   31.     Notice to produce books about securities  
   32.     Notice to produce books about futures contracts  
   33.     Notice to produce documents in person's possession  
   34.     Commission may authorise persons to require production of books  
   35.     Application for warrant to seize books not produced  
   36.     Grant of warrant  
   37.     Powers where books produced or seized  
   38.     Powers where books not produced  
   39.     Power to require person to identify property of body corporate  
   40.     When certain powers may be exercised  
   41.     Acquisitions and disposals of securities  
   42.     Additional operation of section 41  
   43.     Exercise of certain powers of the Commission in relation to securities  
   44.     Dealings in futures contracts  
   45.     Additional operation of section 44  
   46.     Exercise of certain powers of Commission in relation to futures contracts  
   47.     Disclosures to take place in private  
   48.     Lawyer of person making disclosure may attend  
   49.     Commission may cause prosecution to be begun  
   50.     Commission may cause civil proceeding to be begun  
   51.     Power to hold hearings  
   52.     General discretion to hold hearing in public or private  
   53.     Request by person appearing at hearing that it take place in public  
   54.     Certain hearings to take place in private  
   55.     Commission may restrict publication of certain material  
   56.     Who may be present when hearing takes place in private  
   57.     Involvement of person entitled to appear at hearing  
   58.     Power to summon witnesses and take evidence  
   59.     Proceedings at hearings  
   60.     Commission to take account of evidence and submissions  
   61.     Reference to Court of question of law arising at hearing  
   62.     Protection of members etc.  
   63.     Non-compliance with requirements made under this Part  
   64.     False information  
   65.     Obstructing person acting under this Part  
   66.     Contempt of Commission  
   67.     Concealing books relevant to investigation  
   68.     Self-incrimination  
   69.     Legal professional privilege  
   70.     Powers of Court where non-compliance with Part  
   71.     Orders by Commission  
   72.     Orders in relation to securities of a body corporate  
   73.     Orders in relation to securities generally  
   74.     Orders in relation to futures contracts  
   75.     Orders under this Division  
   76.     Statements made at an examination: proceedings against examinee  
   77.     Statements made at an examination: other proceedings  
   78.     Weight of evidence admitted under section 77  
   79.     Objection to admission of statements made at examination  
   80.     Copies of, or extracts from, certain books  
   81.     Report under Division 1  
   82.     Exceptions to admissibility of report  
   83.     Material otherwise admissible  
   84.     Requirement made of a body corporate  
   85.     Evidence of authority  
   86.     Giving documents to natural persons  
   87.     Place and time for production of books  
   88.     Application of Crimes Act and Evidence Act  
   89.     Allowances and expenses  
   90.     Expenses of investigation under Division 1  
   91.     Recovery of expenses of investigation  
   92.     Compliance with Part  
   93.     Effect of Part  
   94.     Arrangement of Commission's business  
   95.     Commission to establish offices  
   96.     Regional Commissioners  
   97.     Commission may establish Division  
   98.     Effect of direction establishing Division  
   99.     Commission may reconstitute Division  
   100.    Effect of reconstituting Division  
   101.    Multiple Divisions  
   102.    Delegation  
   103.    Convening of meetings  
   104.    Approved methods of communication  
   105.    Quorum  
   106.    Who is to preside at meetings  
   107.    Procedure at meetings  
   108.    Term of office as member  
   109.    Term of office as Chairperson or Deputy Chairperson  
   110.    Resignation  
   111.    Termination of appointment  
   112.    Remuneration and allowances etc.  
   113.    Leave of absence  
   114.    Superannuation arrangements  
   115.    Other terms and conditions  
   116.    Acting members  
   117.    Acting Chairperson  
   118.    Acting Deputy Chairperson  
   119.    Limitation on appointments to act during vacancy  
   120.    Staff  
   121.    Consultants etc.  
   122.    Staff seconded to the Commission  
   123.    Chairperson to disclose certain interests to Minister  
   124.    Members to disclose certain interests to Chairperson  
   125.    Notification of interests to Commission  
   126.    Defence  
   127.    Confidentiality  
   128.    Certain persons not to deal on the basis of certain information  
   129.    Compensation to other parties where section 128 contravened  
   130.    Amount of compensation  
   131.    Limitation of actions  
   132.    Commission may sue  
   133.    Payments to Commission by Commonwealth  
   134.    The Commission's money  
   135.    How Commission's money to be applied  
   136.    Estimates  
   137.    Limitation on contracts and leases  
   138.    Application of Division 3 of Part XI of Audit Act  
   139.    Liability to taxation  
   140.    Commission may accept property on trust  
   141.    Trust money to be paid into bank account  
   142.    How trust property to be applied  
   143.    Accounts relating to trust property  
   144.    Audit in relation to trust property  
   145.    Establishment  
   146.    Advisory Committee is a body corporate  
   147.    Membership  
   148.    Functions  
   149.    Term of office as member  
   150.    Resignation  
   151.    Termination of appointment  
   152.    Remuneration and allowances etc.  
   153.    Meetings  
   154.    Advisory Committee to inform itself in any manner  
   155.    Publication of advice or recommendations  
   156.    Staff  
   157.    Consultants etc.  
   158.    Staff seconded to Advisory Committee  
   159.    Payments to Advisory Committee by Commonwealth  
   160.    The Advisory Committee's money  
   161.    How Advisory Committee's money to be applied  
   162.    Estimates  
   163.    Limitation on contracts and leases  
   164.    Application of Division 3 of Part XI of Audit Act  
   165.    Liability to taxation  
   166.    Advisory Committee may accept property on trust  
   167.    Trust money to be paid into bank account  
   168.    How trust property to be applied  
   169.    Accounts relating to trust property  
   170.    Audit in relation to trust property  
   171.    Establishment of Panel  
   172.    Membership  
   173.    President  
   174.    Functions and powers of Panel  
   175.    Term of office as member  
   176.    Term of office as President  
   177.    Resignation  
   178.    Termination of appointment  
   179.    Remuneration and allowances  
   180.    Leave of absence  
   181.    Other terms and conditions  
   182.    Acting President  
   183.    Annual report  
   184.    Constitution of Panel in relation to particular matters  
   185.    Disclosure of interests by members  
   186.    Application of Divisions 2 and 3 of Part 7  
   187.    Interpretation  
   188.    Power to hold hearings  
   189.    Who may be present at hearing  
   190.    Panel may restrict publication of certain material  
   191.    Involvement of person entitled to appear at hearing  
   192.    Power to summon witnesses and take evidence  
   193.    Proceedings at hearings  
   194.    Representation at hearings  
   195.    Panel to take account of evidence and submissions  
   196.    Reference to Court of question of law arising at hearing  
   197.    Protection of members etc.  
   198.    Non-compliance with requirements made under section 192  
   199.    False evidence  
   200.    Contempt of Panel  
   201.    Powers of Court where non-compliance with section 192  
   202.    Establishment of Disciplinary Board  
   203.    Membership of Disciplinary Board  
   204.    Functions and powers of Disciplinary Board  
   205.    Term of office  
   206.    Resignation from office  
   207.    Termination of appointment  
   208.    Acting Chairperson  
   209.    Appointment of deputies  
   210.    Meetings  
   211.    Disclosure of interests  
   212.    Remuneration and allowances  
   213.    Confidentiality  
   214.    Annual Report  
   215.    Interpretation  
   216.    Hearings  
   217.    Power to summon witnesses and take evidence  
   218.    Proceedings at hearings  
   219.    Failure of witnesses to attend and answer questions  
   220.    Contempt of Disciplinary Board  
   221.    Protection of members etc.  
   222.    Hearings deemed to be judicial proceedings  
   223.    Costs  
   224.    Establishment of Review Board  
   225.    Membership of the Review Board  
   226.    Functions and powers  
   227.    Term of office  
   228.    Resignation from office  
   229.    Termination of appointment  
   230.    Acting Director  
   231.    Meetings  
   232.    Remuneration and allowances  
   233.    Confidentiality  
   234.    Annual Report  
   235.    Jurisdiction of Federal Court of Australia  
   236.    Jurisdiction of State and Territory Supreme Courts  
   237.    Transfer of proceedings  
   238.    Courts to act in aid of each other  
   239.    Appeals from State and Territory Supreme Courts  
   240.    Effect of Part on other laws  
   241.    Establishment and membership  
   242.    Powers and proceedings  
   243.    Duties  
   244.    Review by Administrative Appeals Tribunal of certain decisions  
   245.    Validity of certain actions  
   246.    Liability for damages  
   247.    Duplicate seals  
   248.    Judicial notice of Commission's seal and members' signatures  
   249.    Arrangements with the States and Territories  
   250.    Acquisition of State or Territory books  
   251.    Regulations