Commonwealth Numbered Regulations Commonwealth Numbered Regulations
Australian Securities and Investments Commission Regulations 2001
1 After regulation 8A
Insert:
(1) For subsection 136(2A) of the Act, a report under subsection 136(1) of the Act for a financial year (the report year ) must include the following information:
(a) the number of times in the report year that ASIC used an information gathering power prescribed in subregulation (2) (a prescribed power );
(b) for a particular use of a prescribed power in the report year--the provision of the Act, or another law, which conferred the prescribed power;
(c) the number of times in the financial year before the report year that ASIC used an information gathering power that was a prescribed power for this regulation at the time the power was used.
(2) For subsection 136(2A) of the Act, each information gathering power set out in a provision of an Act mentioned in the following table is prescribed.
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Information gathering powers |
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Item |
Provisions in which powers appear |
General description of provision (for information only) |
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1 |
Subsection 12GY(2) of the Act |
Powers relating to substantiation of a claim |
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2 |
Section 19 of the Act |
Powers relating to requiring a person to attend for examination |
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3 |
Section 30 of the Act |
Powers relating to the production of books |
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4 |
Section 30A of the Act |
Powers relating to requesting information |
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5 |
Section 31 of the Act |
Powers relating to the production of books |
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6 |
Section 32A of the Act |
Powers relating to the production of books |
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7 |
Section 33 of the Act |
Powers relating to the production of books |
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8 |
Subsection 49(3) of the Act |
Powers relating to requiring a person to give assistance |
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9 |
Section 58 of the Act |
Powers relating to: (a) summonsing a witness; and (b) taking evidence |
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10 |
Powers relating to conducting surveillance on, or monitoring, a managed investment scheme |
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11 |
Powers relating to a request for information |
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12 |
Powers relating to requiring the disclosure of interests |
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13 |
Powers relating to requiring the disclosure of interests |
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14 |
Powers relating to requiring a person to give assistance |
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15 |
Powers relating to requiring a person to give assistance |
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16 |
Powers relating to: (a) requiring a person to give assistance; and (b) requiring the disclosure of documents and information |
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17 |
Powers relating to requiring a person to give assistance |
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18 |
Section 3E of the Crimes Act 1914 |
Powers relating to search warrants |
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19 |
Subsection 10(2) of the Mutual Assistance in Business Regulation Act 1992 |
Powers relating to: (a) requiring a person to give information; and (b) requiring a person to give documents; and (c) requiring a person to attend to give evidence and produce documents |
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20 |
Subsection 37(4) of the National Consumer Credit Protection Act 2009 |
Powers relating to requesting information |
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21 |
Subsection 49(1) of the National Consumer Credit Protection Act 2009 |
Powers relating to requesting information |
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22 |
Section 51 of the National Consumer Credit Protection Act 2009 |
Powers relating to requiring a person to give assistance |
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23 |
Section 253 of the National Consumer Credit Protection Act 2009 |
Powers relating to requiring a person to give assistance |
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24 |
Section 266 of the National Consumer Credit Protection Act 2009 |
Powers relating to the production of books |
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25 |
Section 267 of the National Consumer Credit Protection Act 2009 |
Powers relating to the production of books |
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26 |
Item 17 of Schedule 2 to the National Consumer Credit Protection Act 2009 |
Powers relating to requesting information |
2 Paragraph 21(2)(b)
Omit "relates; and", substitute "relates.".
3 Paragraph 21(2)(c)
Repeal the paragraph.
4 At the end of subregulation 37(2)
Add:
(3) The President may permit a member of the Panel, a party to the proceedings or a person who may attend a conference to attend the conference by:
(a) telephone; or
(b) video conference; or
(c) any other means of communication approved by the President.
(4) A conference for which permission has been given under subregulation (3) may be held at 2 or more places at the same time.
(5) A person mentioned in subregulation (3) who attends a conference in accordance with a permission under that subregulation is taken to be present at the place where, and the time when, the conference is convened, as determined by the President for paragraph (2)(a).
5 Subregulation 38(3)
Omit "must make", substitute "may make".
6 After subregulation 2M.3.03(3B)
Insert:
(3C) Items 17 to 24 of the table in subregulation (1) apply in relation to a directors' report for a financial year commencing on or after 1 July 2013.