Corporations Act 2001

CHAPTER 7 - FINANCIAL SERVICES AND MARKETS

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Note: This Chapter applies to a CCIV in a modified form: see Division 4 of Part 8B.7 .

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PART 7.6 - LICENSING OF PROVIDERS OF FINANCIAL SERVICES

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Division 8B - Action against relevant providers

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CCH Note: Division 8B is modified by the ASIC Corporations (Financial Requirements for Corporate Directors of Retail Corporate Collective Investment Vehicles) Instrument 2022/449; the ASIC Corporations (Incidental Retail Cover) Instrument 2022/716; the ASIC Corporations (Financial Requirements for Issuers of Retail OTC Derivatives) Instrument 2022/705; the ASIC Corporations (Financial Requirements for Responsible Entities, IDPS Operators and Corporate Directors of Retail CCIVs) Instrument 2023/647; the ASIC Corporations (Financial Requirements for Custodial or Depository Service Providers) Instrument 2023/648; the ASIC Corporations (Investor Directed Portfolio Services) Instrument 2023/669; and the ASIC Corporations and Credit (Breach Reporting - Reportable Situations) Instrument 2021/716 (as amended by the ASIC Corporations and Credit (Amendment) Instrument 2023/589).

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Subdivision A - Action by Financial Services and Credit Panels

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CCH Note: Subdivision A is modified by the ASIC Corporations (Financial Requirements for Corporate Directors of Retail Corporate Collective Investment Vehicles) Instrument 2022/449; the ASIC Corporations (Incidental Retail Cover) Instrument 2022/716; the ASIC Corporations (Financial Requirements for Issuers of Retail OTC Derivatives) Instrument 2022/705; the ASIC Corporations (Financial Requirements for Responsible Entities, IDPS Operators and Corporate Directors of Retail CCIVs) Instrument 2023/647; the ASIC Corporations (Financial Requirements for Custodial or Depository Service Providers) Instrument 2023/648; the ASIC Corporations (Investor Directed Portfolio Services) Instrument 2023/669; and the ASIC Corporations and Credit (Breach Reporting - Reportable Situations) Instrument 2021/716 (as amended by the ASIC Corporations and Credit (Amendment) Instrument 2023/589).

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SECTION 921L INSTRUMENTS THAT FINANCIAL SERVICES AND CREDIT PANELS MAY MAKE IN RELATION TO RELEVANT PROVIDERS

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CCH Note: Section 921L is modified by the ASIC Corporations (Financial Requirements for Corporate Directors of Retail Corporate Collective Investment Vehicles) Instrument 2022/449; the ASIC Corporations (Incidental Retail Cover) Instrument 2022/716; the ASIC Corporations (Financial Requirements for Issuers of Retail OTC Derivatives) Instrument 2022/705; the ASIC Corporations (Financial Requirements for Responsible Entities, IDPS Operators and Corporate Directors of Retail CCIVs) Instrument 2023/647; the ASIC Corporations (Financial Requirements for Custodial or Depository Service Providers) Instrument 2023/648; the ASIC Corporations (Investor Directed Portfolio Services) Instrument 2023/669; and the ASIC Corporations and Credit (Breach Reporting - Reportable Situations) Instrument 2021/716 (as amended by the ASIC Corporations and Credit (Amendment) Instrument 2023/589).

921L(1)
For the purposes of subsection 921K(1) , the following kinds of instrument are specified:

(a) a written direction that a relevant provider:

(i) undertake specified training; or

(ii) receive specified counselling; or

(iii) receive specified supervision; or

(iv) report specified matters to ASIC;

(b)

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a written order (a registration suspension order ), in relation to a relevant provider, that suspends all of the relevant provider ' s registrations under section 921ZC for a period (the suspension period ) specified in the order;

(c)

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a written order (a registration prohibition order ), in relation to a relevant provider, that:

(i) cancels all of the relevant provider ' s registrations under section 921ZC at a time (the cancellation time ) specified in the order; and

(ii) provides that the person who is or was the relevant provider is not to be registered under section 921ZC until after a day (the prohibition end day ) specified in the order.

Note: If a registration prohibition order is in force against a person who is or was a relevant provider:

(a) each registration of the person under section 921ZC will cease to be in force at the cancellation time specified in the order (unless the registration has ceased to be in force at an earlier time) (see sections 921ZD and 921ZE ); and

(b) ASIC must refuse to register the person until after the prohibition end day specified in the order (see subsection 921ZC(3) ).

[ CCH Note: S 921L(1) will be amended by No 115 of 2021, s 3, Sch 1[142], by substituting " the Registrar " for " ASIC " in para (b) of the note (effective 1 July 2026 or a day or days to be fixed by Proclamation).]

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Effect of paragraph (1)(a) direction

921L(2)
A relevant provider must comply with a direction in relation to the relevant provider that is in force under paragraph (1)(a) .

Note: This subsection is a civil penalty provision (see section 1317E ).

Effect of registration suspension order

921L(3)
For the purposes of this Part, if a registration suspension order is in force against a relevant provider, all of the relevant provider ' s registrations under section 921ZC are taken not to be in force during the suspension period specified in the order.

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Suspension period and cancellation time

921L(4)
The suspension period specified in a registration suspension order that is made in relation to a relevant provider must begin at or after the time a copy of the order is given to the relevant provider.

921L(5)
The cancellation time specified in a registration prohibition order that is made in relation to a relevant provider must be a time that is at or after a copy of the order is given to the relevant provider.

When instruments come into force

921L(6)
An instrument of a kind specified in subsection (1) that is made in relation to a relevant provider comes into force when a copy of it is given to the relevant provider in accordance with subsection 921M(1) .

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