CORPORATIONS ACT 2001

CHAPTER 7 - FINANCIAL SERVICES AND MARKETS  

PART 7.2 - LICENSING OF FINANCIAL MARKETS  

Division 4 - The Australian market licence  

Subdivision A - How to get a licence  

SECTION 795B   WHEN A LICENCE MAY BE GRANTED  

General

795B(1)  
The Minister may grant an applicant an Australian market licence if the Minister is satisfied that:


(a) the application was made in accordance with section 795A ; and


(b) the applicant will comply with the obligations that will apply if the licence is granted; and


(c) the applicant has adequate operating rules, and procedures, (see Subdivision B of Division 3 ) to ensure, as far as is reasonably practicable, that the market will operate as mentioned in paragraph 792A(1)(a) ; and


(d) the applicant has adequate arrangements (which may involve the appointment of an independent person or related entity) for operating the market, including arrangements for:


(i) handling conflicts between the commercial interests of the licensee and the need for the licensee to ensure that the market operates in the way mentioned in paragraph 792A(1)(a) ; and

(ii) monitoring and enforcing compliance with the market ' s operating rules; and


(e) the applicant has adequate clearing and settlement arrangements for transactions effected through the market, if the Minister considers that the applicant should have such arrangements; and


(f) neither subsection 881D(2) nor 882A(2) (relating to compensation arrangements) requires the Minister to reject the application; and


(g) no unacceptable control situation (see Division 1 of Part 7.4 ) is likely to result if the licence is granted; and


(h) no disqualified individual appears to be involved in the applicant (see Division 2 of Part 7.4 ).

This subsection has effect subject to subsections (3) and (4).

Note: The Minister must also have regard to the matters in section 798A in deciding whether to grant a licence.

Alternative criteria for granting licence for overseas market

795B(2)  
If an applicant is authorised to operate a financial market in the foreign country in which its principal place of business is located, the Minister may grant the applicant an Australian market licence authorising the applicant to operate the same market in this jurisdiction. The Minister must be satisfied that:


(a) the application was made in accordance with section 795A ; and


(b) the applicant will comply with the obligations that will apply if the licence is granted; and


(c) the operation of the market in that country is subject to requirements and supervision that are sufficiently equivalent, in relation to the degree of investor protection and market integrity they achieve, to the requirements and supervision to which financial markets are subject under this Act in relation to those matters; and


(d) the applicant undertakes to cooperate with ASIC by sharing information and in other appropriate ways; and


(e) no unacceptable control situation (see Division 1 of Part 7.4 ) is likely to result if the licence is granted; and


(f) no disqualified individual appears to be involved in the applicant (see Division 2 of Part 7.4 ); and


(g) any other requirements that are prescribed by regulations made for the purposes of this paragraph are satisfied.

This subsection has effect subject to subsections (3) and (4).

Note: The Minister must also have regard to the matters in section 798A in deciding whether to grant a licence.

Foreign bodies

795B(3)  
If the applicant is a foreign body corporate, the Minister:


(a) must not grant the applicant a licence unless the applicant is registered under Division 2 of Part 5B.2 ; and


(b) may otherwise grant a licence under either subsection (1) or (2) (if the relevant criteria are satisfied). Disqualified individuals

795B(4)  
The Minister must not grant the applicant a licence unless:


(a) ASIC has notified the Minister that, as far as ASIC is aware, no disqualified individual is involved in the applicant (see Division 2 of Part 7.4 ); or


(b) 42 days have passed since the application was made and ASIC has not given a notice under subsection 853D(2) to the applicant within that 42 days.


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