Corporations Act 2001
CHAPTER 7
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FINANCIAL SERVICES AND MARKETS
ASIC may, by legislative instrument, make rules (the market integrity rules ) that deal with the following:
(a) the activities or conduct of licensed markets;
(b) the activities or conduct of persons in relation to licensed markets;
(c) the activities or conduct of persons in relation to financial products traded on licensed markets.
(Repealed by No 17 of 2019, s 3, Sch 1 [ 48] (effective 13 March 2019).) 798G(3)
ASIC must not make a market integrity rule unless the Minister has consented, in writing, to the making of the rule. Emergency rules 798G(4)
Despite subsection (3), ASIC may make a market integrity rule without the consent of the Minister if ASIC is of the opinion that it is necessary, or in the public interest, to protect people dealing in a financial product or class of financial products. 798G(5)
However, if ASIC does so, ASIC must:
(a) provide the Minister, on the following day, with a written explanation of the need for the rule; and
(b) amend or revoke the rule in accordance with any written directions of the Minister. Minister ' s instruments are not legislative instruments 798G(6)
None of the following is a legislative instrument:
(a) a consent given under subsection (3);
(b) a direction given under paragraph (5)(b).
[ CCH Note: Ch 7 will be amended by No 8 of 2022, s 3, Sch 2[165], by inserting the note, (effective 1 July 2022). The note will read:
Note: This Chapter applies to a CCIV in a modified form: see Division 4 of Part 8B.7 .]
PART 7.2A
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SUPERVISION OF FINANCIAL MARKETS
SECTION 798G
MARKET INTEGRITY RULES
798G(1)
ASIC may, by legislative instrument, make rules (the market integrity rules ) that deal with the following:
(a) the activities or conduct of licensed markets;
(b) the activities or conduct of persons in relation to licensed markets;
(c) the activities or conduct of persons in relation to financial products traded on licensed markets.
Note: The market integrity rules will not apply in relation to all licensed markets: see subsection 798H(2).
798G(2)(Repealed by No 17 of 2019, s 3, Sch 1 [ 48] (effective 13 March 2019).) 798G(3)
ASIC must not make a market integrity rule unless the Minister has consented, in writing, to the making of the rule. Emergency rules 798G(4)
Despite subsection (3), ASIC may make a market integrity rule without the consent of the Minister if ASIC is of the opinion that it is necessary, or in the public interest, to protect people dealing in a financial product or class of financial products. 798G(5)
However, if ASIC does so, ASIC must:
(a) provide the Minister, on the following day, with a written explanation of the need for the rule; and
(b) amend or revoke the rule in accordance with any written directions of the Minister. Minister ' s instruments are not legislative instruments 798G(6)
None of the following is a legislative instrument:
(a) a consent given under subsection (3);
(b) a direction given under paragraph (5)(b).
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