Interpretation of some expressions in the ASIC Law, and the ASIC Regulations, of Victoria
60 Interpretation of some expressions in the ASIC Law, and the ASIC Regulations, of Victoria
S. 60(1) amended by No. 37/1999 s. 58(Sch. 1 item 1.9).
In this Part, and in the ASIC Law, and the ASIC Regulations, of Victoria—
S. 60(1) def. of Advisory Committee amended by No. 37/1999 s. 58(Sch. 1 item 1.9).
Advisory Committee means the Companies and Securities Advisory Committee established by section 145 of the ASIC Act;
S. 60(1) def. of affairs amended by No. 37/1999 s. 58(Sch. 1 item 1.10(a)).
affairs, in relation to a body corporate, has the same meaning as in section 246AA of the Corporations Law;
S. 60(1) def. of assist amended by No. 37/1999 s. 58(Sch. 1 item 1.9).
assist, in relation to a Commission delegate, means—
to perform functions—
as a member, officer or employee of the Commission delegate; and
in connection with the Commission delegate's performance or exercise of a function or power delegated under section 102 of the ASIC Law; or
to perform services for the Commission delegate in connection with the Commission delegate's performance or exercise of a function or power delegated under section 102 of the ASIC Law;
S. 60(1) def. of Australia amended by No. 37/1999 s. 58(Sch. 1 item 1.9).
Australia includes any external Territory to which the ASIC Act extends;
S. 60(1) def. of books amended by No. 37/1999 s. 58(Sch. 1 item 1.10(b)).
books includes—
a register; and
financial reports or financial records, however compiled, recorded or stored; and
a document; and
banker's books; and
any other record of information;
S. 60(1) def. of Chairperson amended by No. 37/1999 s. 58(Sch. 1 item 1.9).
Chairperson means—
except in Part 11 of the ASIC Law or in relation to the Disciplinary Board—the Chairperson of the Commission; and
in Part 11 of that Law or in relation to the Disciplinary Board—the Chairperson of the Disciplinary Board;
S. 60(1) def. of Commission amended by Nos 37/1999 s. 58(Sch. 1 item 1.9), 43/2001 s. 30(11).
Commission means the Australian Securities and Investments Commission established by section 7 of the ASIC Act;
S. 60(1) def. of Commission delegate amended by No. 37/1999 s. 58(Sch. 1 item 1.9).
Commission delegate means a person to whom, or a body to which, a function or power is delegated under section 102 of the ASIC Law;
contravention, in relation to a law, includes an ancillary offence relating to an offence against that law;
S. 60(1) def. of court amended by No. 37/1999 s. 58(Sch. 1 item 1.9).
court, except in section 248 of the ASIC Law, includes a tribunal having power to require the production of documents or the answering of questions;
Deputy Chairperson means the Deputy Chairperson of the Commission;
S. 60(1) def. of Disciplinary Board amended by No. 37/1999 s. 58(Sch. 1 item 1.9).
Disciplinary Board means the Companies Auditors and Liquidators Disciplinary Board established by section 202 of the ASIC Act;
S. 60(1) def. of eligible person amended by No. 18/2005 s. 18(Sch. 1 item 21.2).
eligible person, in relation to a person, means a person who—
if the first-mentioned person is a body corporate—is or has been an officer of the body within the meaning of a national scheme law or a corresponding previous law; or
in any case—
is or has been an employee, agent, banker, lawyer or auditor of; or
is acting, or has acted, in any other capacity on behalf of—
the first-mentioned person;
S. 60(1) def. of examination amended by No. 37/1999 s. 58(Sch. 1 item 1.9).
examination means—
in this section and Part 3 (other than section 27(2) and Division 9) of the ASIC Law—an examination of a person pursuant to a requirement made under section 19 of that Law; or
in section 27(2) and Division 9 of Part 3 of the ASIC Law—an examination of a person pursuant to a requirement made under section 19 of the ASIC Law or a corresponding provision of the ASIC Law of another jurisdiction;
S. 60(1) def. of expenses amended by No. 37/1999 s. 58(Sch. 1 item 1.9).
expenses, in relation to an investigation under Division 1 of Part 3 of the ASIC Law, includes costs and expenses incurred in relation to a proceeding begun under section 50 of the ASIC Law as a result of the investigation;
fail means refuse or fail;
S. 60(1) def. of foreign country amended by No. 37/1999 s. 58(Sch. 1 item 1.9).
foreign country means—
an external Territory to which the ASIC Act does not extend; or
a country outside Australia and the external Territories; or
a part of such a country;
S. 60(1) def. of give amended by No. 37/1999 s. 58(Sch. 1 item 1.9).
give has—
in relation to a document—a meaning affected by section 86 of the ASIC Law; and
in relation to information—a meaning affected by section 61 of this Act;
S. 60(1) def. of hearing amended by No. 37/1999 s. 58(Sch. 1 item 1.9).
hearing, in this section and Part 3 of the ASIC Law, means a hearing before the Commission and, in sections 52, 54, 55 and 56 of that Law, includes a part of such a hearing;
information has a meaning affected by section 61 of this Act;
investigate, in relation to the Commission, means investigate in the course of performing or exercising any of the Commission's functions and powers;
S. 60(1) def. of meeting amended by No. 37/1999 s. 58(Sch. 1 item 1.9).
meeting means—
in Part 4 of the ASIC Law—a meeting of the Commission; and
in Part 11 of that Law—a meeting of the Disciplinary Board;
S. 60(1) def. of member amended by No. 37/1999 s. 58(Sch. 1 item 1.9).
member means—
except in Division 2 of Part 4, or in Part 10, 11, or 14, of the ASIC Law, or in relation to a Division of the Commission, or in relation to the Panel or the Disciplinary Board—a member of the Commission;
in Part 10 of that Law or in relation to the Panel—a member of the Panel;
in Part 11 of that Law or in relation to the Disciplinary Board—the Chairperson or any other member of the Disciplinary Board;
S. 60(1) def. of national scheme law amended by No. 37/1999 s. 58(Sch. 1 item 1.9).
national scheme law means—
the following—
the Corporations Law of this jurisdiction;
the ASIC Law of this jurisdiction;
this Act; or
the following—
the Corporations Act;
the Corporations Law of the Capital Territory;
the ASIC Act; or
a law of a jurisdiction (other than this jurisdiction or the Capital Territory) that corresponds to an Act or Law referred to in paragraph (a);
S. 60(1) def. of national scheme law of this jurisdiction amended by No. 37/1999 s. 58(Sch. 1 item 1.9).
national scheme law of this jurisdiction means—
this Act;
the Corporations Law of Victoria; or
the ASIC Law of Victoria;
S. 60(1) def. of officer amended by No. 12/1995 s. 10.
officer, in relation to a body corporate, includes—
a director, secretary, executive officer or employee of the body;
a receiver, or a receiver and manager, of property of the body;
an administrator of the body or an administrator of a deed of company arrangement executed by the body;
a liquidator, or a provisional liquidator, of the body; and
a trustee or other person administering a compromise or arrangement made between the body and any other person or persons;
S. 60(1) def. of Panel amended by No. 37/1999 s. 58(Sch. 1 item 1.9).
Panel means the Corporations and Securities Panel established by section 171 of the ASIC Act;
power includes an authority;
S. 60(1) def. of prescribed amended by No. 37/1999 s. 58(Sch. 1 item 1.9).
prescribed means prescribed by the ASIC Law or the regulations;
President means the President of the Panel;
proceeding means—
a proceeding in a court; or
a proceeding or hearing before, or an examination by or before, a tribunal—
whether the proceeding, hearing or examination is of a civil, administrative, criminal, disciplinary or other nature;
S. 60(1) def. of produce amended by No. 37/1999 s. 58(Sch. 1 item 1.9).
produce, except in Part 3 of the ASIC Law, includes permit access to;
property means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description and includes a thing in action and money;
S. 60(1) def. of record amended by No. 37/1999 s. 58(Sch. 1 item 1.9).
record, in relation to an examination, means the whole or a part of a record made under section 24 of the ASIC Law of statements made at the examination;
S. 60(1) def. of regulations amended by No. 37/1999 s. 58(Sch. 1 item 1.9).
regulations means the ASIC Regulations of this jurisdiction;
report includes an interim report;
S. 60(1) def. of staff member amended by No. 37/1999 s. 58(Sch. 1 item 1.9).
staff member means—
a member of the staff referred to in section 120(1) of the ASIC Act or a person employed under section 120(3) of that Act;
a person engaged under section 121(1) of that Act; or
any of the officers, employees and persons who under section 122 of that Act are to assist the Commission;
statement, in relation to an examination, includes a question asked, an answer given, and any other comment or remark made, at the examination;
S. 60(1) def. of Territory amended by No. 37/1999 s. 58(Sch. 1 item 1.9).
Territory means—
the Capital Territory; or
an external Territory to which the ASIC Act extends;
S. 60(1) def. of this Act amended by No. 37/1999 s. 58(Sch. 1 item 1.9).
this Act, except in this Part, means the ASIC Law, and includes the regulations;
this jurisdiction means Victoria;
this Law includes the regulations;
tribunal means—
a tribunal in Australia; or
any other body, authority or person in Australia having power, by law or by consent of parties, to hear, receive or examine evidence;
witness, in relation to a hearing before the Commission or the Panel, means a person appearing at the hearing to give evidence;
written record, in relation to an examination, means—
a record of the examination—
that is made in writing; or
as reduced to writing; or
a part of such a record.
S. 60(2) amended by No. 37/1999 s. 58(Sch. 1 item 1.9).
Subject to the ASIC Law of this jurisdiction, an expression has the same meaning in that Law and in the ASIC Regulations of this jurisdiction as in the Corporations Law of this jurisdiction.
S. 61 amended by No. 37/1999 s. 58(Sch. 1 item 1.9).
This Act’s bill:Second reading speech
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