Corporations Act 2001
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 - modifying legislative instruments: The application of Pt 7.6 is affected by the following legislative instruments that commenced or were amended on or after 1 January 2022: the ASIC Corporations (Custody Standards for Providers of Custodial and Depository Services) Instrument 2024 / 17 (other than Divs 4 and 8); the ASIC Corporations (Investor Directed Portfolio Services) Instrument 2023 / 669 (as amended by ASIC Corporations (Amendment) Instrument 2024 / 554) (other than Divs 4 and 8); the ASIC Corporations (Record-Keeping Requirements for Australian Financial Services Licensees when Giving Personal Advice) Instrument 2024 / 508 (other than Divs 4 and 8); the ASIC Corporations (31-day Notice Term Deposits) Instrument 2025 / 172 (other than Divs 4 and 8); and the ASIC Corporations and Credit (Breach Reporting - Reportable Situations) Instrument 2024 / 620 (other than Divs 4 and 8) (as amended by ASIC Corporations and Credit (Amendment) Instrument 2025 / 289).
The application of Pt 7.6 is also affected by the Class Order 14 / 1262: Relief for 31 Day Notice Term Deposits (other than Divs 4 and 8); and the ASIC Corporations, Credit and Superannuation (Internal Dispute Resolution) Instrument 2020 / 98 (other than Divs 4 and 8).
For other legislative instruments or class orders before 1 January 2022 that affect the application of Pt 7.6, please consult the legislative instruments or class orders directly. These are reproduced in the regulatory-resources section of the company-law practice area in CCH iKnowConnect.
CCH Note - modifying legislative instruments: The application of Division 9 is affected by the following legislative instruments that commenced on or after 1 January 2022: the ASIC Corporations (Incidental Retail Cover) Instrument 2022 / 716; the ASIC Corporations (Financial Requirements for Issuers of Retail OTC Derivatives) Instrument 2022 / 705; the ASIC Corporations (Financial Requirements for Responsible Entities, IDPS Operators and Corporate Directors of Retail CCIVs) Instrument 2023 / 647; the ASIC Corporations (Financial Requirements for Custodial or Depository Service Providers) Instrument 2023 / 648; the ASIC Corporations (Investor Directed Portfolio Services) Instrument 2023 / 669; and the ASIC Corporations and Credit (Breach Reporting - Reportable Situations) Instrument 2021 / 716 (as amended by the ASIC Corporations and Credit (Amendment) Instrument 2023 / 589).
For legislative instruments or class orders before 1 January 2022 that affect the application of Division 9, please consult the legislative instruments or class orders directly. These are reproduced in the regulatory-resources section of the company-law practice area in CCH iKnowConnect.
[ CCH Note: Div 9 heading will be amended by No 69 of 2020, s 3, Sch 1 [ 1149 ] , by substituting " Records " for " Registers " , (effective 1 July 2026 or a day or days to be fixed by Proclamation). ]
CCH Note - modifying legislative instruments: The application of Subdivision B is affected by the following legislative instruments that commenced on or after 1 January 2022: the ASIC Corporations (Incidental Retail Cover) Instrument 2022 / 716; the ASIC Corporations (Financial Requirements for Issuers of Retail OTC Derivatives) Instrument 2022 / 705; the ASIC Corporations (Financial Requirements for Responsible Entities, IDPS Operators and Corporate Directors of Retail CCIVs) Instrument 2023 / 647; and the ASIC Corporations (Financial Requirements for Custodial or Depository Service Providers) Instrument 2023 / 648.
For legislative instruments or class orders before 1 January 2022 that affect the application of Subdivision B, please consult the legislative instruments or class orders directly. These are reproduced in the regulatory-resources section of the company-law practice area in CCH iKnowConnect.
[ CCH Note 1: Subdiv B heading will be amended by No 69 of 2020, s 3, Sch 1 [ 1151 ] , by substituting " relevant providers " for " the Register of Relevant Providers " , (effective 1 July 2026 or a day or days to be fixed by Proclamation). ]
[ CCH Note 2: Subdiv B heading will be amended by No 115 of 2021, s 3, Sch 2 [ 2 ] , by inserting " etc. " at the end, (effective 1 July 2026 or a day or days to be fixed by Proclamation). ]
CCH note: This provision is modified by legislative instruments. See the CCH note at the end of the provision for details.
[ CCH Note: S 922M heading will be amended by No 69 of 2020, s 3, Sch 1 [ 1159 ] , by inserting " OR THE REGISTRAR " at the end of the heading, (effective 1 July 2026 or a day or days to be fixed by Proclamation). ]
Failing to comply with obligation to notify ASIC
922M(1)
A person contravenes this subsection if: (a) the person is required to cause a notice to be lodged under a provision referred to in subsection 922L(1) ; and (b) the person fails to cause the notice to be lodged in accordance with that provision.
922M(2)
However, subsection (1) does not apply if: (a) the person fails to cause the notice to be lodged in accordance with section 922D ; and (b) the only reason the person fails to cause the notice to be lodged in accordance with that section is because the information referred to in paragraph 922F(1)(h) , (l) or (m) is not included in the notice; and (c) subsection 922F(3) provides that the notice does not need to include that information.
Note: In criminal proceedings, a defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code ).
[ CCH Note: S 922M(2) will be repealed by No 69 of 2020, s 3, Sch 1 [ 1160 ] (effective 1 July 2026 or a day or days to be fixed by Proclamation). ]
Fault-based offence
922M(3)
A person commits an offence if the person contravenes subsection (1) .
922M(4)
Subsection 4K(2) of the Crimes Act 1914 does not apply to subsection (1) of this section.
Note: A person may commit an offence or contravene a civil penalty provision if the person gives false or misleading information (see section 1308 of this Act and section 137.1 of the Criminal Code ).
Civil liability
922M(5)
A person contravenes this subsection if the person contravenes subsection (1) .
Note: This subsection is a civil penalty provision (see section 1317E ).
CCH Note - modifying legislative instruments: Section 922M is modified by the following legislative instruments that commenced or were amended on or after 1 January 2022: the ASIC Corporations (Incidental Retail Cover) Instrument 2022 / 716; the ASIC Corporations (Financial Requirements for Issuers of Retail OTC Derivatives) Instrument 2022 / 705; the ASIC Corporations (Financial Requirements for Responsible Entities, IDPS Operators and Corporate Directors of Retail CCIVs) Instrument 2023 / 647; and the ASIC Corporations (Financial Requirements for Custodial or Depository Service Providers) Instrument 2023 / 648.
For modifying legislative instruments or class orders before 1 January 2022, please consult the legislative instruments or class orders directly. These are reproduced in the regulatory-resources section of the company-law practice area in CCH iKnowConnect.
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