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As Act No 122 of 2001 repealed Ch 7 and 8 the history notes for Ch 7 use "inserted" and references to the former provisions have been removed.
Sdiv B inserted by No 7 of 2017, s 3, Sch 1 (effective 15 March 2017).
Notice in prescribed form
A notice under a notice provision must be in the prescribed form.
Note 1: Under section 350, a document that this Act requires to be lodged with ASIC in a prescribed form must:
- (a) if a form for the document is prescribed in the regulations - be in that prescribed form; and
- (b) if a form for the document is not prescribed in the regulations but ASIC has approved a form for the document - be in that approved form.
Note 2: The prescribed form may deal with information that is required under more than one section of this Act.
When notice must be lodged
A notice under a notice provision must be lodged within 30 business days of the following day:
(a) if the notice is lodged under subsection 922HA(1) - the day ASIC grants the Australian financial services licence mentioned in that subsection;
(b) if the notice is lodged under subsection 922HA(3) - the day the financial services licensee mentioned in that subsection decides that the licensee's CPD year is to begin on another day of the year;
(c) if the notice is lodged under subsection 922HB(1) - the last day of the CPD year of the financial services licensee mentioned in that subsection;
(d) if the notice is lodged under subsection 922HD(1) - (subject to subsection 922HD(3)) the day the monitoring body mentioned in subsection 922HD(1) determines under subsection 921L(1) that a relevant provider has failed to comply with the Code of Ethics or a sanction is imposed;
(e) if the notice is lodged under any other notice provision - the day of the event mentioned in subsection (1) of the notice provision.
The information contained in the notice must be accurate as at the day mentioned in paragraph (2)(a), (b), (c), (d) or (e).
Who must cause notice to be lodged
The following person must cause a notice under section 922D, 922H or 922HB to be lodged in relation to a relevant provider:
(a) if the relevant provider is a financial services licensee - the licensee;
(b) otherwise - the financial services licensee on whose behalf the relevant provider is authorised to provide personal advice to retail clients in relation to relevant financial products.
A notice under subsection 922HA(1) or (3) must be lodged by the financial services licensee mentioned in that section.
A notice under section 922HD must be lodged by the monitoring body mentioned in subsection 922HD(1).
A notice under section 922J or 922K relating to a person who starts or ceases to have control of a body corporate licensee must be lodged by the licensee.
S 922L inserted by No 7 of 2017, s 3, Sch 1 (effective 15 March 2017).