CORPORATIONS ACT 2001

CHAPTER 7 - FINANCIAL SERVICES AND MARKETS  

PART 7.2A - SUPERVISION OF FINANCIAL MARKETS  

SECTION 798J   DIRECTIONS BY ASIC  

798J(1)   [ Advice of opinion that direction necessary]  

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 an entity 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 entity of that opinion and the reasons for it.

Note: ASIC may also give directions to entities that are market licensees under section 794D. A failure to comply with a direction under that section is an offence (see subsection 1311(1)).

798J(2)   [ When direction may be given]  

If, after receiving ASIC ' s advice and reasons, the entity 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 entity, ASIC may give the entity the written direction with a statement setting out its reasons for making the direction.

798J(3)   [ Period for compliance]  

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

798J(4)   [ Failure to comply]  

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

798J(5)   [ Referral to Minister]  

If, at any time after the entity receives ASIC ' s advice under subsection (1), the entity 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.

798J(6)   [ Variation of direction]  

ASIC may vary a direction by giving written notice to the entity 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.

798J(7)   [ Revocation of direction]  

ASIC may revoke a direction by giving written notice to the entity.

798J(8)   [ Direction not a legislative instrument]  

A direction given under subsection (2) is not a legislative instrument.


 

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