THE CORPORATIONS LAW
CCH Note:
Part 13 of the Corporations Act 1989, inserted
by sec 6 of No 110 of 1990, Sch 1 (effective 1 January 1991), begins as
follows:
PART 13 - THE CORPORATIONS LAW
THE CORPORATIONS LAW 82 The Corporations Law is as follows:...
CHAPTER 7 - SECURITIES
PART 7.3 - PARTICIPANTS IN THE SECURITIES INDUSTRY
Division 3 - Representatives
SECTION 815 COMMISSION MAY GIVE LICENSEE INFORMATION ABOUT REPRESENTATIVE 815(1) [When information can be given] Where the Commission believes on reasonable grounds that: (a) a person (in this section called the holder ) holds, or will hold, a proper authority from a licensee; (b) having regard to that fact, the Commission should give to the licensee particular information that the Commission has about the person; and (c) the information is true; the Commission may give the information to the licensee. 815(2) [Licensee's use of information] Where the Commission gives information under subsection (1), the licensee or an officer of the licensee may, for a purpose connected with: (a) the licensee making a decision about what action (if any) to take in relation to the holder, having regard to, or to matters including, the information; or (b) the licensee taking action pursuant to such a decision; or for 2 or more such purposes, and for no other purpose, give to another person, make use of, or make a record of, some or all of the information. 815(3) [Other person's use of information] A person to whom information has been given, in accordance with subsection (2) or this subsection, for a purpose or purposes may, for that purpose or one or more of those purposes, and for no other purpose, give to another person, make use of, or make a record of, that information. 815(4) [Restrictions on use of information] Subject to subsections (2) and (3), a person shall not give to another person, make use of, or make a record of, information given by the Commission under subsection (1). 815(4A) [Non-application of sec 8(3)] Subsection 8(3) does not apply in relation to a reference in subsection (2), (3) or (4) of this section to a provision of this section.
815(5)
[Qualified privilege]
A person has qualified privilege in respect of an act done by the person as permitted by subsection (2) or (3).
815(6)
[Restrictions on giving information to court]
A person to whom information is given in accordance with this section shall not:
(a)
give any of the information to a court; or
(b)
produce in a court a document that sets out some or all of the information;
except:
(c)
for a purpose connected with:
(i) the licensee making a decision about what action (if any) to take in relation to the holder, having regard to, or to matters including, some or all of the information;
(ii) the licensee taking action pursuant to such a decision; or
(iii) proving in a proceeding in that court that particular action taken by the licensee in relation to the holder was so taken pursuant to such a decision;or for 2 or more such purposes, and for no other purpose; (d) in a proceeding in that court, in so far as the proceeding relates to an alleged contravention of this section; (e) in a proceeding in respect of an ancillary offence relating to an offence against this section; or (f) in a proceeding in respect of the giving to a court of false information being or including some or all of the first-mentioned information. 815(7) [Reference to ``taking action''] A reference in this section to a person taking action in relation to another person is a reference to the first-mentioned person: (a) taking action by way of making, terminating or varying the terms and conditions of a relevant agreement; or (b) otherwise taking action in relation to a relevant agreement; in so far as the relevant agreement relates to the other person being employed by, or acting for or by arrangement with, the first-mentioned person in connection with a securities business or investment advice business carried on by the first-mentioned person.
815(8)
[Extraterritorial effect of sec 815(6)]
In addition, and without prejudice, to the effect it has of its own force, subsection (6) has by force of this subsection the effect it would have if:
(a)
the reference in it to information being given in accordance with this section were a reference to information being given in accordance with section 815 of the Corporations Law of this jurisdiction; and
(b)
a reference in it to a court were a reference to a court of an external Territory or of a country outside Australia and the external Territories; and
(c)
paragraphs (6)(d) and (e) were omitted.