ASIC’s power to exempt and modify
283GA ASIC’s power to exempt and modify
ASIC may:
exempt a person from a provision of this Chapter; or
declare that this Chapter applies to a person as if specified provisions were omitted, modified or varied as specified in the declaration.
The exemption or declaration may do all or any of the following:
apply to all or specified provisions of this Chapter;
apply to all persons, specified persons, or a specified class of persons;
relate to all debentures, specified debentures or a specified class of debentures;
relate to any other matter generally or as specified.
An exemption may apply unconditionally or subject to specified conditions. A person to whom a condition specified in an exemption applies must comply with the condition. The Court may order the person to comply with the condition in a specified way. Only ASIC may apply to the Court for the order.
The exemption or declaration must be in writing and ASIC must publish notice of it in the Gazette.
For the purposes of this section, the provisions of this Chapter include:
regulations made for the purposes of this Chapter; and
definitions in this Act or the regulations as they apply to references in:
this Chapter; or
regulations made for the purposes of this Chapter; and
the old Division 12 of Part 11.2 transitionals.
This provision refers to the regulations (the regulations
). Made under this Act:
- Corporations Regulations 2001 · under s 1364
85 more instruments made under this Act are listed on the Act’s overview.
This Act’s bill:Explanatory memorandumSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.