Corporations Act 2001
CHAPTER 7
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FINANCIAL SERVICES AND MARKETS
(a) financial services licensees; or
(b) authorised representatives of financial services licensees; or
(c) issuers of financial products;
(a) the code, or the code as proposed to be varied, is not inconsistent with this Act or any other law of the Commonwealth under which ASIC has regulatory responsibilities; and
(b) it is appropriate to approve the code, having regard to the following matters, and to any other matters that ASIC considers are relevant:
(a) on application by the person who applied for the approval; or
(b) if ASIC is no longer satisfied as mentioned in subsection (3).
PART 7.12
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MISCELLANEOUS
Division 2
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Other matters
SECTION 1101A
APPROVED CODES OF CONDUCT
1101A(1)
[
Approval in writing]
ASIC may, on application, approve codes of conduct that relate to any aspect of the activities of:
(a) financial services licensees; or
(b) authorised representatives of financial services licensees; or
(c) issuers of financial products;
being activities in relation to which ASIC has a regulatory responsibility. The approval must be in writing.
1101A(2) [ Variation of code]ASIC may, on application, approve a variation of an approved code of conduct. The approval must be in writing.
1101A(3) [ Consistency with laws]ASIC must not approve a code of conduct, or a variation of a code of conduct, unless it is satisfied that:
(a) the code, or the code as proposed to be varied, is not inconsistent with this Act or any other law of the Commonwealth under which ASIC has regulatory responsibilities; and
(b) it is appropriate to approve the code, having regard to the following matters, and to any other matters that ASIC considers are relevant:
(i) the ability of the applicant to ensure that persons who hold out that they comply with the code will comply with the code as in force from time to time; and
1101A(4) [ Revoking approval]
(ii) the desirability of codes of conduct being harmonised to the greatest extent possible.
ASIC may revoke an approval of a code of conduct:
(a) on application by the person who applied for the approval; or
(b) if ASIC is no longer satisfied as mentioned in subsection (3).
The revocation must be in writing.
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