Corporations Act 2001
CHAPTER 7
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FINANCIAL SERVICES AND MARKETS
PART 7.12
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MISCELLANEOUS
Division 1A
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Employee share schemes
Subdivision F
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ASIC powers
SECTION 1100ZK
ASIC
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S POWER TO MAKE EXEMPTIONS AND DECLARE MODIFICATIONS ETC. IN RELATION TO THIS DIVISION
Application
1100ZK(1)
This section applies in relation to Chapters 2L , 5 , 5C , 6D and 7 (the covered Chapters ) and this Division.
Exemptions and declarations on application of this Division
1100ZK(2)
ASIC may do either or both of the following: (a) exempt a person from all or specified provisions of the covered Chapters or this Division; (b) declare that the covered Chapters or this Division apply in relation to a person, as if specified provisions were omitted, modified or varied as specified in the declaration.
1100ZK(3)
The exemption or declaration may do all or any of the following: (a) relate to all persons, specified persons or a specified class of persons; (b) relate to any other matter generally or as specified.
Imposition of conditions on exemption
1100ZK(4)
An exemption may apply unconditionally or subject to specified conditions.
1100ZK(5)
An entity to whom a condition specified in an exemption applies must comply with the condition.
1100ZK(6)
The Court may order the entity to comply with the condition in a specified way. Only ASIC may apply to the Court for the order.
Exemptions and declarations relating to all or a class of persons
1100ZK(7)
An exemption or declaration that relates to all persons, or a specified class of persons, must be made by legislative instrument.
Exemptions and declarations relating to specified persons
1100ZK(8)
An exemption or declaration that relates to a specified person must be made by notifiable instrument.
1100ZK(9)
ASIC must give a copy of an exemption or declaration that relates to a specified person to the person as soon as is reasonably practicable after the exemption or declaration is made.
Note: This Chapter applies to a CCIV in a modified form: see Division 4 of Part 8B.7 .
View history note
Hide history noteCCH Note: Division 1A is modified by the ASIC Corporations (Employee Share Schemes) Instrument 2022/1021.
CCH Note: Subdivision F is modified by the ASIC Corporations (Employee Share Schemes) Instrument 2022/1021.
CCH Note: Section 1100ZK is modified by the ASIC Corporations (Employee Share Schemes) Instrument 2022/1021.
Application
1100ZK(1)
This section applies in relation to Chapters 2L , 5 , 5C , 6D and 7 (the covered Chapters ) and this Division.
Exemptions and declarations on application of this Division
1100ZK(2)
ASIC may do either or both of the following: (a) exempt a person from all or specified provisions of the covered Chapters or this Division; (b) declare that the covered Chapters or this Division apply in relation to a person, as if specified provisions were omitted, modified or varied as specified in the declaration.
1100ZK(3)
The exemption or declaration may do all or any of the following: (a) relate to all persons, specified persons or a specified class of persons; (b) relate to any other matter generally or as specified.
Imposition of conditions on exemption
1100ZK(4)
An exemption may apply unconditionally or subject to specified conditions.
1100ZK(5)
An entity to whom a condition specified in an exemption applies must comply with the condition.
1100ZK(6)
The Court may order the entity to comply with the condition in a specified way. Only ASIC may apply to the Court for the order.
Exemptions and declarations relating to all or a class of persons
1100ZK(7)
An exemption or declaration that relates to all persons, or a specified class of persons, must be made by legislative instrument.
Exemptions and declarations relating to specified persons
1100ZK(8)
An exemption or declaration that relates to a specified person must be made by notifiable instrument.
1100ZK(9)
ASIC must give a copy of an exemption or declaration that relates to a specified person to the person as soon as is reasonably practicable after the exemption or declaration is made.
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