Corporations Act 2001

CHAPTER 7 - FINANCIAL SERVICES AND MARKETS  

PART 7.2 - LICENSING OF FINANCIAL MARKETS  

Division 3 - Regulation of market licensees  

Subdivision C - Powers of the Minister and ASIC  

SECTION 794D   ASIC'S POWER TO GIVE DIRECTIONS  

794D(1)   [ Power to give directions to market licensee]  

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 by:


(a) giving a direction to a market licensee to suspend dealings in the financial product or class of financial products; or


(b) giving some other direction in relation to those dealings;

ASIC may give written advice to the licensee of that opinion and the reasons for it.

Example:

Under paragraph (b), ASIC could give a direction to limit the kinds of dealings that are allowed in the financial product or class of financial products or to require a participant in the market to act in a specified manner in relation to dealings in the financial product or class of financial products.

794D(2)   [ Further direction]  

If, after receiving ASIC's advice and reasons, the licensee does not take:


(a) in the case of a proposed direction to suspend dealings in the financial products - action to prevent such dealings; or


(b) in any other case - such other action as in ASIC's view is adequate to address the situation raised in the advice;

and ASIC still considers that it is appropriate to give the direction to the licensee, ASIC may give the licensee the written direction with a statement setting out its reasons for making the direction.

794D(3)   [ Compliance with direction]  

The direction has effect for the period specified in it (which may be up to 21 days). During that period, the licensee must comply with the direction and must not allow any dealings to take place contrary to it.

Note: Failure to comply with this subsection is an offence (see subsection 1311(1) ).

794D(4)   [ Enforcement of direction]  

If the licensee fails to comply with the direction, ASIC may apply to the Court for, and the Court may make, an order that the licensee comply with the direction.

794D(5)   [ Notice to CS facility operator and Minister]  

As soon as practicable after making or varying (see subsection (7)) a direction, ASIC must:


(a) give a copy of the direction or variation to the operator of each clearing and settlement facility with which the market licensee has clearing and settlement arrangements for transactions effected through the market; and


(b) give a written report to the Minister setting out ASIC's reasons for making the direction or variation; and


(c) give a copy of the report to the licensee.

794D(6)   [ Referral to Minister]  

If, at any time after the licensee receives ASIC's advice under subsection (1), the licensee requests in writing that ASIC refer the matter to the Minister, ASIC must do so immediately. In that event, the Minister may, if he or she considers it appropriate, require ASIC not to make, or to revoke, the direction. ASIC must immediately comply with such a requirement.

794D(7)   [ Variation of direction]  

ASIC may vary a direction by giving written notice to the licensee if ASIC is of the opinion that the variation is necessary, or in the public interest, to protect people dealing in a financial product or class of financial products.

794D(8)   [ Revocation of direction]  

ASIC may revoke a direction by giving written notice to the licensee. ASIC must also give written notice of the revocation to the operator of each clearing and settlement facility with which the market licensee has clearing and settlement arrangements for transactions effected through the market.


 

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