ASIC may request information etc. in relation to an application for conditions to be varied
46A ASIC may request information etc. in relation to an application for conditions to be varied
This section applies if a licensee applies under paragraph 45(2)(b) for ASIC to:
impose conditions, or additional conditions, on the licence; or
vary or revoke conditions imposed on the licence.
However, this section does not apply in relation to a power to which paragraph 46(2)(a) applies.
ASIC must not grant the application unless the requirement in section 37A (fit and proper person test) is satisfied in relation to the applicant and the licence as proposed to be varied.
ASIC may request information etc. from applicant
ASIC may give a written notice to the applicant requesting the applicant to lodge with ASIC, within the time specified in the notice, any of the following:
information specified in the notice in relation to any matters that ASIC must have regard to for the purposes of deciding whether the requirement in section 37A is satisfied as mentioned in subsection (2) of this section;
an audit report, prepared by a suitably qualified person specified in the notice, in relation to matters that ASIC must have regard to for the purposes of deciding whether the requirement in section 37A is satisfied as mentioned in subsection (2) of this section;
if ASIC proposes to grant the application—a statement that either:
informs ASIC of any material changes in any information provided to ASIC in, or in connection with, the application; or
confirms that there have been no such changes.
To avoid doubt:
a notice under subsection (3), and the information, audit report or statement requested in the notice, may relate to any person mentioned in section 37A in relation to the applicant and the licence as proposed to be varied; and
subsection (6) applies in relation to such a request even if the applicant is unable to comply with the request.
ASIC may, by written notice to the applicant within the time specified in the notice:
withdraw the request; or
extend the time specified in the notice.
If the applicant does not lodge with ASIC the information, audit report or statement requested by ASIC in a notice under subsection (3) within the specified time, the applicant is taken to have withdrawn the application.
To avoid doubt, subsection (8) does not apply to an application that is taken to have been withdrawn under subsection (6).
Applicant must be given hearing before refusal of application
ASIC may only refuse to grant the application after giving the applicant an opportunity:
to appear, or be represented, at a hearing before ASIC that takes place in private; and
to make submissions to ASIC in relation to the matter.
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