Corporations Act 2001

CHAPTER 7 - FINANCIAL SERVICES AND MARKETS  

Note: This Chapter applies to a CCIV in a modified form: see Division 4 of Part 8B.7 .

PART 7.3A - CS SERVICES  

Division 2 - Regulation of CS services: CS services rules  

Subdivision D - The process of making CS services  

SECTION 828H  

828H   MATTERS TO WHICH ASIC MUST HAVE REGARD WHEN MAKING RULES  

In considering whether to make a CS services rule, ASIC:

(a)    must have regard to:

(i) the likely effect of the proposed rule on the Australian economy, and on the efficiency, integrity and stability of the Australian financial system; and

(ii) the likely regulatory impact of the proposed rule; and

(iii) the likely effect of the proposed rule on the safety, fairness and effectiveness of competition in the provision of CS services; and

(iv) if the proposed rule will impose requirements in relation to a CS service - the structure of the market for the provision of the CS service; and

(b)    must have regard to the matters (if any) raised by the ACCC or the Reserve Bank of Australia in consultations mentioned in paragraph 828J(1)(b) ; and

(c)    may have regard to any other matters that ASIC considers relevant.

Note: Matters that ASIC may have regard to under paragraph (c) may, for example, include any relevant international standards and international commitments.