Corporations Act 2001

CHAPTER 9 - MISCELLANEOUS  

PART 9.4AA - INFRINGEMENT NOTICES FOR ALLEGED CONTRAVENTIONS OF CONTINUOUS DISCLOSURE PROVISIONS  

SECTION 1317DAA   DEFINITIONS  

1317DAA(1)  
In this Part:

compensation proceedings
means:


(a) proceedings under section 1317H , 1317HA , 1317HB , 1317HC or 1317HE ; and


(b) proceedings under section 12GF of the ASIC Act in relation to a contravention of section 12DA of that Act; and


(c) any other proceedings by a person for compensation for loss or damage suffered by the person.

compliance period
for an infringement notice has the meaning affected by section 1317DAH .

contravention proceedings
means proceedings under section 1101B by a person referred to in paragraph 1101B(1)(b) or (d).

enforcement proceedings
means proceedings under section 793C by a person referred to in paragraph 793C(1)(b) , (c) or (d).

infringement notice
means an infringement notice issued under section 1317DAC .

penalty and disclosure proceedings
means the proceedings referred to in column 3 of the table in subsection 1317DAG(2) .

public interest proceedings
means proceedings under section 50 of the ASIC Act.

1317DAA(2)  
For the purposes of applying this Part to a disclosing entity that is an undertaking to which interests in a registered scheme relate:


(a) references to the disclosing entity are taken to be references to the responsible entity for the registered scheme; and


(b) references to a financial report for a financial year being lodged by a disclosing entity are taken to be references to such a report being lodged by the responsible entity in relation to the scheme; and


(c) references to securities of a disclosing entity are taken to be references to interests in the registered scheme; and


(d) references to a disclosing entity being convicted of an offence based on subsection 674(2) or 675(2) are taken to be references to the responsible entity being convicted of such an offence in relation to the registered scheme; and


(e) references to a civil penalty order under Part 9.4B being made against a disclosing entity in relation to a contravention of subsection 674(2) or 675(2) are taken to be references to such an order being made against the responsible entity in relation to the registered scheme; and


(f) references to a disclosing entity having breached an enforceable undertaking given to ASIC under section 93AA or 93A of the ASIC Act in relation to the requirements of subsection 674(2) or 675(2) are taken to be references to the responsible entity having breached such an undertaking given in relation to the registered scheme.

1317DAA(3)  
For the purposes of applying this Part to a disclosing entity that is an undertaking to which interests in a notified foreign passport fund relate:


(a) references to the disclosing entity are taken to be references to the operator of the fund; and


(b) references to a financial report for a financial year being lodged by a disclosing entity are taken to be references to a copy of a report for the fund for the financial year, prepared in accordance with the financial reporting requirements applying to the fund under the Passport Rules for the home economy for the fund, being lodged by the operator of the fund; and


(c) references to securities of a disclosing entity are taken to be references to interests in the fund; and


(d) references to a disclosing entity being convicted of an offence based on subsection 674(2) or 675(2) are taken to be references to the operator of the fund being convicted of such an offence in relation to the fund; and


(e) references to a civil penalty order under Part 9.4B being made against a disclosing entity in relation to a contravention of subsection 674(2) or 675(2) are taken to be references to such an order being made against the operator of the fund in relation to the fund; and


(f) references to a disclosing entity having breached an enforceable undertaking given to ASIC under section 93AA or 93B of the ASIC Act in relation to the requirements of subsection 674(2) or 675(2) are taken to be references to the operator of the fund having breached such an undertaking given in relation to the fund.


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