Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
Corporations Amendment (Crowd-sourced Funding) Bill 2015

Schedule 3 Exemption powers

   

Corporations Act 2001

1  Section 791C

Repeal the section, substitute:

791C   Exemptions by Minister

             (1)  The Minister may exempt a particular financial market, or a class of financial market, from all or specified provisions of this Part. An exemption may be unconditional, or subject to conditions specified in the exemption.

Note:          The provisions of this Part include regulations made for the purposes of this Part (see section 761H).

             (2)  The Minister may, at any time:

                     (a)  vary an exemption to:

                              (i)  impose conditions, or additional conditions, on the exemption; or

                             (ii)  vary or revoke any of the conditions on the exemption; or

                     (b)  revoke an exemption.

             (3)  However, the Minister may only take action under subsection (2) after:

                     (a)  giving notice, and an opportunity to make submissions on the proposed action, to the operator of each financial market known by the Minister to be covered by the exemption; and

                     (b)  if the exemption covers a class of financial markets—a notice has been published on ASIC’s website allowing a reasonable period within which the operator of each financial market covered by the exemption may make submissions on the proposed action, and that period has ended.

             (4)  If an exemption is expressed to apply in relation to a class of financial markets (whether or not it is also expressed to apply in relation to one or more financial markets otherwise than by reference to membership of a class), then the exemption, and any variation or revocation of the exemption, is a legislative instrument.

             (5)  If subsection (4) does not apply to an exemption, then the exemption, and any variation or revocation of the exemption, must be in writing and the Minister must publish notice of it in the Gazette.

2  Saving of exemptions

If, immediately before the commencement of this item, an exemption is in force under section 791C of the Corporations Act 2001 , that exemption has effect after that commencement as if it had been made in accordance with section 791C as substituted by item 1.

3  At the end of Part 7.2A

Add:

798M   Exemptions by Minister

             (1)  The Minister may exempt a particular financial market, or class of financial markets, from all or specified provisions of this Part. An exemption may be unconditional, or subject to conditions specified in the exemption.

Note:          The provisions of this Part include regulations made for the purposes of this Part (see section 761H).

             (2)  The Minister may, at any time:

                     (a)  vary an exemption to:

                              (i)  impose conditions, or additional conditions, on the exemption; or

                             (ii)  vary or revoke any of the conditions on the exemption; or

                     (b)  revoke an exemption.

             (3)  However, the Minister may only take action under subsection (2) after:

                     (a)  giving notice, and an opportunity to make submissions on the proposed action, to the operator of each financial market known by the Minister to be covered by the exemption; and

                     (b)  if the exemption covers a class of financial markets—a notice has been published on ASIC’s website allowing a reasonable period within which the operator of each financial market covered by the exemption may make submissions on the proposed action, and that period has ended.

             (4)  If an exemption is expressed to apply in relation to a class of financial markets (whether or not it is also expressed to apply in relation to one or more financial markets otherwise than by reference to membership of a class), then the exemption, and any variation or revocation of the exemption, is a legislative instrument.

             (5)  If subsection (4) does not apply to an exemption, then the exemption, and any variation or revocation of the exemption, must be in writing and the Minister must publish notice of it in the Gazette.

4  Section 820C

Repeal the section, substitute:

820C   Exemptions by Minister

             (1)  The Minister may exempt a particular clearing and settlement facility, or class of clearing and settlement facilities, from all or specified provisions of this Part. An exemption may be unconditional, or subject to conditions specified in the exemption.

Note:          The provisions of this Part include regulations made for the purposes of this Part (see section 761H).

             (2)  The Minister may, at any time:

                     (a)  vary an exemption to:

                              (i)  impose conditions, or additional conditions, on the exemption; or

                             (ii)  vary or revoke any of the conditions on the exemption; or

                     (b)  revoke an exemption.

             (3)  However, the Minister may only take action under subsection (2) after:

                     (a)  giving notice, and an opportunity to make submissions on the proposed action, to the operator of each clearing and settlement facility known by the Minister to be covered by the exemption; and

                     (b)  if the exemption covers a class of clearing and settlement facilities—a notice has been published on ASIC’s website allowing a reasonable period within which the operator of each clearing and settlement facility covered by the exemption may make submissions on the proposed action, and that period has ended.

             (4)  If an exemption is expressed to apply in relation to a class of clearing and settlement facilities (whether or not it is also expressed to apply in relation to one or more clearing and settlement facilities otherwise than by reference to membership of a class), then the exemption, and any variation or revocation of the exemption, is a legislative instrument.

             (5)  If subsection (4) does not apply to an exemption, then the exemption, and any variation or revocation of the exemption, must be in writing and the Minister must publish notice of it in the Gazette.

5  Saving of exemptions

If, immediately before the commencement of this item, an exemption is in force under section 820C of the Corporations Act 2001 , that exemption has effect after that commencement as if it had been made in accordance with section 820C as substituted by item 4.

6  At the end of Division 6 of Part 7.5

Add:

893B   Exemptions by Minister

             (1)  The Minister may exempt a particular financial market, or class of financial markets, from all or specified provisions of this Part. An exemption may be unconditional, or subject to conditions specified in the exemption.

Note:          The provisions of this Part include regulations made for the purposes of this Part (see section 761H).

             (2)  The Minister may, at any time:

                     (a)  vary an exemption to:

                              (i)  impose conditions, or additional conditions, on the exemption; or

                             (ii)  vary or revoke any of the conditions on the exemption; or

                     (b)  revoke an exemption.

             (3)  However, the Minister may only take action under subsection (2) after:

                     (a)  giving notice, and an opportunity to make submissions on the proposed action, to the operator of each financial market known by the Minister to be covered by the exemption; and

                     (b)  if the exemption covers a class of financial markets—a notice has been published on ASIC’s website allowing a reasonable period within which the operator of each financial market covered by the exemption may make submissions on the proposed action, and that period has ended.

             (4)  If an exemption is expressed to apply in relation to a class of financial markets (whether or not it is also expressed to apply in relation to one or more financial markets otherwise than by reference to membership of a class), then the exemption, and any variation or revocation of the exemption, is a legislative instrument.

             (5)  If subsection (4) does not apply to an exemption, then the exemption, and any variation or revocation of the exemption, must be in writing and the Minister must publish notice of it in the Gazette.