Commonwealth Numbered Regulations Commonwealth Numbered Regulations(1) Despite the amendment made by the amending Schedule to item 143 of the table in clause 1 of Schedule 1, that item continues to apply, in relation to documents lodged under subsection 912D(1) or (2) of the Corporations Act (as those subsections continue to apply because of subsection 1671A(2) of that Act), as if that amendment had not happened.
(2) In this regulation:
"amending Schedule " means Schedule 1 to the Financial Sector Reform (Hayne Royal Commission Response--Breach Reporting and Remediation) Regulations 2021 .
2 Clause 1 of Schedule 1 (table item 143, column 1)
Omit "912D(1) or (2)", substitute "912DAA(1), 912DAB(1), 912DAC(1)".
3 Paragraphs 1.0.05A(2)(b) and (c)
Repeal the paragraphs, substitute:
(b) written notice that is to be lodged with ASIC in accordance with subsection 912DAC(1) of the Act may be lodged with ASIC in the prescribed form; and
4 Regulation 7.6.02A
Before "For", insert "(1)".
5 Regulation 7.6.02A
Omit "subparagraph 912D(1)(a)(iii)", substitute "paragraph 912D(3)(c)".
6 Paragraph 7.6.02A(ac)
Repeal the paragraph.
7 Paragraph 7.6.02A(d)
Omit " (Transfers of Business) ", substitute " (Transfer and Restructure) ".
8 At the end of regulation 7.6.02A
Add:
Certain breaches not required to be notified
(2) For the purposes of paragraph 912D(4)(b) of the Act:
(a) the following civil penalty provisions of the Act are prescribed:
(i) subsection 798H(1);
(ii) subsection 901E(1);
(iii) subsection 922M(5);
(iv) subsection 941A(3);
(v) subsection 941B(4);
(vi) subsection 962G(4);
(vii) subsection 962S(5);
(viii) subsection 962S(8);
(ix) subsection 962U(3);
(x) subsection 962V(3);
(xi) subsection 981B(3);
(xii) subsection 981C(2);
(xiii) subsection 1012A(5);
(xiv) subsection 1012B(6);
(xv) subsection 1012C(11);
(xvi) subsection 1017BA(4B);
(xvii) subsection 1017BB(5AA);
(xviii) subsection 1021E(8);
(xix) subsection 1021G(3);
(xx) section 1101AC; and
(b) all civil penalty provisions of Commonwealth legislation that is specified in subregulation (1) are prescribed.
9 Paragraph 9.4AB.01(2)(c)
Repeal the paragraph, substitute:
(c) subsection 912DAA(1);
(ca) subsection 912DAC(1);
10 After paragraph 9.4AB.02(2)(a)
Insert:
(aa) subsection 912DAB(8);
11 In the appropriate position in Chapter 10
Insert:
10.41.01 Provisions relating to continued application of section 912D of the Act
Lodgment with ASIC
(1) Despite the repeal of paragraphs 1.0.05A(2)(b) and (c) by item 3 of the amending Schedule, those paragraphs, as in force immediately before the commencement of the amending Schedule, continue to apply in relation to reports or written notices to be given to ASIC under subsections 912D(1) and (2) of the Act (as those subsections continue to apply because of subsection 1671A(2) of the Act) as if that repeal had not happened.
Obligation to notify ASIC of certain matters
(2) Despite the amendment of regulation 7.6.02A by item 5 of the amending Schedule, that regulation continues to apply, for the purposes of subparagraph 912D(1)(a)(iii) of the Act (as that subparagraph continues to apply because of subsection 1671A(2) of the Act), as if that amendment had not happened.
Infringement notices
(3) Despite the amendment of paragraph 9.4AB.01(2)(c) by item 9 of the amending Schedule, that paragraph continues to apply, in relation to alleged offences against subsection 912D(1B) or (2) of the Act (as those subsections continue to apply because of subsection 1671A(2) of the Act), as if that amendment had not happened.
(4) In this regulation:
"amending Schedule " means Schedule 1 to the Financial Sector Reform (Hayne Royal Commission Response--Breach Reporting and Remediation) Regulations 2021 .
National Consumer Credit Protection (Fees) Regulations 2010
12 Clause 1 of Schedule 1 (after table item 6)
Insert:
|
6A |
Lodgment of a report under subsection 50B(1) or 50C(1) of the National Credit Act |
no fee |
National Consumer Credit Protection Regulations 2010
13 After regulation 12
Insert: