CORPORATIONS ACT 2001
Ch 7 inserted by No 122 of 2001, s 3, Sch 1, Pt 1 (effective 11 March 2002).
As Act No 122 of 2001 repealed Ch 7 and 8 the history notes for Ch 7 use "inserted" and references to the former provisions have been removed.
|Division 3 - Transfer of certain securities effected otherwise than through a prescribed CS facility
|| View history reference
ASIC may, by writing, declare that:
(a) particular securities; or
(b) a particular class of securities;
are securities to which this Division, and regulations made for the purposes of section 1073D, apply.
Note: The securities in respect of which a declaration under this subsection may be made are not limited to those covered by paragraphs 1073A(1)(a) to (db).
S 1073E(1) (Note) amended by No 100 of 2014, s 3, Sch 1 (effective 19 December 2014).
S 1073E(1) amended by No 155 of 2012, s 3, Sch 1 (effective 18 November 2012).
ASIC may specify in the declaration modifications of the regulations that are to have effect in relation to the application of this Division and the regulations to the securities, or the class of securities, to which the declaration relates.
A declaration under subsection (1) has effect accordingly.
ASIC must cause a copy of a declaration under subsection (1) to be published in the Gazette.
If conduct (including an omission) of a person would not have constituted an offence if a particular declaration under subsection (1) had not been made, that conduct does not constitute an offence unless, before the conduct occurred (in addition to complying with the gazettal requirement of subsection (4)):
(b) ASIC gave written notice setting out the text of the declaration to the person.
In a prosecution for an offence to which this subsection applies, the prosecution must prove that paragraph (a) or (b) was complied with before the conduct occurred.
S 1073E(5) amended by No 5 of 2011, s 3, Sch 1 (effective 22 March 2011).
S 1073E inserted by No 122 of 2001, s 3, Sch 1, Pt 1.