AUSTRALIAN SECURITIES COMMISSION ACT 1989
Table of Provisions
- 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