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CORPORATIONS ACT 2001

CHAPTER 9 - MISCELLANEOUS  

PART 9.4A - REVIEW BY ADMINISTRATIVE APPEALS TRIBUNAL OF CERTAIN DECISIONS  

SECTION 1317C  

1317C  EXCLUDED DECISIONS  

Section 1317B does not apply in relation to:


(a) a decision in respect of which any provision in the nature of an appeal or review is expressly provided by this Act; or


(b) a decision that is declared by this Act to be conclusive or final or is embodied in a document declared by this Act to be conclusive evidence of an act, matter or thing; or


(c) (Repealed)
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(ca) a decision of ASIC to order the winding up of a company under section 489EA; or
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(d) a decision made by ASIC in the performance of a function, or in the exercise of a power, under section 601CC or 601CL or Chapter 5A; or


(e) a decision by ASIC to refuse to exercise a power under section 601CC or 601CL or Chapter 5A; or


(f) a decision to apply under section 596A or 596B for the Court to summon a person for examination about a corporation's examinable affairs; or


(g) a decision to apply under section 597A for the Court to require a person to file an affidavit about a corporation's examinable affairs; or


(ga) a decision of ASIC under section 655A; or


(gb) a decision of ASIC under section 673 in relation to securities of the target of a takeover bid during the bid period; or


(gc) a decision by ASIC whether to make an application under section 657C, 657G, 659B, 1325A, 1325B or 1325C; or


(gca) a decision by ASIC to make market integrity rules under section 798G; or
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(gcb) a decision by the Minister to:

(i) consent to the making of a market integrity rule; or

(ii) direct ASIC to revoke or amend a market integrity rule; or
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(gcc) a decision by ASIC to do or not do anything under regulations made for the purposes of section 798K (alternatives to civil proceedings); or
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(gd) a decision of the Minister under Division 1 of Part 7.4; or
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(gda) a decision by the Minister:

(i) to make a determination under section 901B, or to amend or revoke such a determination; or

(ii) to consent, under section 901K or 903H, to the making of a derivative transaction rule or a derivative trade repository rule, or to consent to the variation or revocation of such a rule; or

(iii) to direct ASIC, under section 901L or 903J, to amend or revoke a derivative transaction rule or a derivative trade repository rule; or
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(gdb) a decision by ASIC to make derivative transaction rules or derivative trade repository rules under section 901A or 903A, or to vary or revoke such rules; or
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(gdc) a decision by ASIC to do or not do anything under regulations made for the purpose of section 901F or 903E; or
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(ge) a decision of ASIC under section 1101A; or
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(h) a decision to make a determination under subsection 1317D(3); or


(i) a decision of ASIC to issue an infringement notice under section 1317DAC; or
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(j) a decision of ASIC to withdraw, or not to withdraw, an infringement notice under section 1317DAI; or
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(k) a decision of ASIC under section 40-5 of Schedule 2 (which deals with directing liquidators to comply with requirements to lodge documents etc.); or
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(l) a decision of ASIC under section 40-10 of Schedule 2 (which deals with directing liquidators to correct inaccuracies etc.); or
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(m) a decision of ASIC under section 40-100 of Schedule 2 to take no action in relation to matters raised by an industry notice lodged under that section (notice by industry bodies of possible grounds for disciplinary action); or
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(n) a decision of ASIC to give a direction under section 70-70 of Schedule 2 (which deals with directing external administrators to comply with requests for information etc.); or
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(o) a decision of ASIC under section 70-85 of Schedule 2 (a decision to impose a condition on the use or disclosure of relevant material).
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[CCH Note 1: Regulation 10.25.02(3)(m) (which was effective 1 March 2017) provides that the amendments made by No 11 of 2016, s 3, Sch 2[251] (to the extent that it inserts paragraphs 1317C(n) and (o)) apply in relation to external administrations on and after 1 September 2017.]

[CCH Note 2: S 1317C will be amended by No 25 of 2017, s 3, Sch 5[19], by inserting para (gdd) and (gde) after para (gdc) (effective 4 April 2018). Para (gdd) and (gde) will read:


(gdd) a decision by ASIC to make client money reporting rules under section 981J; or


(gde) a decision by ASIC to do or not do anything under regulations made for the purposes of section 981N (alternatives to civil proceedings for contraventions of client money reporting rules); or

]


 



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