CORPORATIONS ACT 2001
Ch 7 inserted by No 122 of 2001, s 3, Sch 1, Pt 1
1] (effective 11 March 2002).
As Act No 122 of 2001 repealed Ch 7 and 8 the history notes for Ch 7 use
and references to the former provisions have been removed.
Pt 7.5A inserted by No 178 of 2012, s 3, Sch 1, Pt 1 (effective 3 January 2013).
Div 6 inserted by No 178 of 2012, s 3, Sch 1, Pt 1 (effective 3 January 2013).
Subdiv C inserted by No 178 of 2012, s 3, Sch 1, Pt 1 (effective 3 January 2013).
ASIC may, at any time:
(a) impose conditions, or additional conditions, on an Australian derivative trade repository licence; or
(b) vary or revoke conditions imposed on such a licence;
by giving written notice to the licensee. ASIC must also publish a notice in the
with details of the action and when it took effect.
Note: As well as the requirements in this section, ASIC must also have regard to the matters in section
ASIC may do so:
(a) on its own initiative, subject to subsection (3); or
(b) if the licensee lodges an application with ASIC in the prescribed form, seeking the imposition of the conditions or additional conditions, or seeking the variation or revocation of conditions.
Note 1: See section
for how to lodge an application in the prescribed form.
Note 2: For fees in respect of lodging applications, see Part
ASIC may only impose conditions or additional conditions, or vary or revoke conditions, on the licence on ASIC
s own initiative if:
(a) ASIC considers it appropriate to do so having regard to:
(i) the licensee
s obligations as a derivative trade repository licensee under this Part; and
(ii) any change in the operations of the derivative trade repository, or in the conditions in which the repository is operating; and
(b) ASIC gives the licensee written notice of the proposed action and an opportunity to make a submission before it takes effect.
This subsection does not apply to ASIC imposing conditions when a licence is granted.
ASIC must ensure that each Australian derivative trade repository licence is subject to conditions that specify:
(a) the particular derivative trade repository that the licensee is authorised to operate; and
(b) the class or classes of derivatives in respect of which the repository can provide services for the purposes of this Part.
Note: The licence condition required by paragraph (b) does not apply to services that a licensed derivative trade repository provides otherwise than for the purposes of this Part.
S 905F inserted by No 178 of 2012, s 3, Sch 1, Pt 1 (effective 3 January 2013).