Australian Securities and Investments Commission (Amendment) Instrument 2022/0427 (Cth)

ASIC (Amendment) Instrument 2022/0427

I, Joseph Longo, Chairperson of the Australian Securities and Investments Commission, make the following legislative instrument.

Date    1 June 2022

Joseph Longo

Contents

Part 1—Preliminary

1    Name of legislative instrument

2    Commencement

3    Authority

4    Schedule

Schedule 1—Amendments

ASIC (Senior Staff Members—Determination) Instrument 2019/117

Part 1—Preliminary

1        Name of legislative instrument

This is the ASIC (Amendment) Instrument 2022/0427.

2        Commencement

This instrument commences on the day after it is registered on the Federal Register of Legislation.

Note:  The register may be accessed at Authority

This instrument is made under section 122A of the Australian Securities and Investments Commission Act 2001.

4        Schedule

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

ASIC (Senior Staff Members—Determination) Instrument 2019/117

1        Section 4 (definition of Financial Services and Credit Panel)

Omit the definition.

2        Subsection 6(2)

Omit the subsection (including the heading).

3        At the end of section 6

Add:

Registry functions and powers

(4)     A staff member who holds or acts in a position in the Australian Taxation Office of Deputy Registrar, Deputy Commissioner or Assistant Commissioner whose services are being made available to assist ASIC is a senior staff member for the purposes of performing functions and exercising powers in relation to registry matters:

(a)    as a delegate of the Minister under:

(i)      subsections 147(2), 601DC(2) and 1213B(6) of the Corporations Act;

(ii)     subsections 27(2), 28(2) and 32(3) of the Business Names Registration Act 2011;

(iii)    subsections 9(1) and 9(2) of the Business Names Registration (Availability of Names) Determination 2015;

(b)    as a delegate of ASIC under section 37 and subsections 41(1) and 47(1) of the Business Names Registration Act 2011.