Corporations Act 2001
Part 9.4AA inserted by No 103 of 2004, s 3, Sch 6, Pt 2 [ 9] (effective 1 July 2004).
(a) give the disclosing entity a written statement that sets out ASIC's reasons for believing that the disclosing entity has contravened subsection 674(2) or 675(2) ; and
(b) give a representative of the disclosing entity an opportunity to:
(i) appear at a private hearing before ASIC; and
(ii) give evidence to ASIC; and
in relation to the alleged contravention of subsection 674(2) or 675(2) . 1317DAD(2) [ Consultation with relevant market operator]
(iii) make submissions to ASIC;
If the disclosing entity is a listed disclosing entity, ASIC must consult with the relevant market operator for the disclosing entity before giving the disclosing entity the statement under this subsection.1317DAD(3) [ When consultation not required]
(a) the disclosing entity is the relevant market operator; or
(b) the disclosing entity conducts a business in competition with a business conducted by the relevant market operator. 1317DAD(4) Limit on the use of evidence or information given to ASIC.
(a) not admissible in evidence against the disclosing entity in any proceedings; and
(b) not admissible in evidence against a representative of the disclosing entity in any proceedings (other than proceedings for an offence based on the evidence or information given being false or misleading).
S 1317DAD inserted by No 103 of 2004, s 3, Sch 6, Pt 2 [ 9] (effective 1 July 2004).
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