Commonwealth Numbered Acts

CORPORATIONS LEGISLATION (EVIDENCE) AMENDMENT ACT 1992 No. 27 of 1992 - SECT 10

10.(1) The Minister must cause a person to review, and to report to the
Minister in writing about, the operation of the following provisions ("the
amended provisions"):

   (a)  section 68 of the ASC Law of each State and internal Territory, as in
        force after the commencement of this Act;

   (b)  sections 597 and 1316A of the Corporations Law of each State and
        internal Territory, as in force after the commencement of this Act.

(2) The person must be someone who, in the Minister's opinion, is suitably
qualified and appropriate to conduct the review.

(3) The review and report must relate to the period beginning at the
commencement of this Act and ending after the period of 4 years and 6 months.

(4) The person must give the report to the Minister as soon as practicable,
and in any event within 6 months, after the end of that period.

(5) The review and report must include an assessment of:

   (a)  how much, and in what ways, the amended provisions have helped in the
        enforcement of national scheme laws (as defined in section 5 of the
        Australian Securities Commission Act 1989); and

   (b)  how much, and in what ways, the amended provisions have helped the
        Australian Securities Commission in making investigations and
        gathering information; and

   (c)  the extent (if any) to which persons, to whom the amended provisions
        have applied, have been unjustifiably prejudiced because of the
        enactment of sections 4, 7 and 8 of this Act; and

   (d)  the changes (if any) to administrative arrangements made for the
        purposes of national scheme laws that have resulted from the amended
        provisions.

(6) The report may include suggestions for changes to national scheme laws
that, in the person's opinion, are needed to overcome, or would help overcome,
problems identified during the review and set out in the report.

(7) The person must provide a reasonable opportunity for members of the public
to make submissions to him or her about matters to which the review relates.

(8) The Minister must cause a copy of the report to be laid before each House
of the Parliament within 15 sitting days of that House after the Minister
receives the report.