Australian Securities Commission Regulations (Amendment) (Cth)

Statutory Rules 1993

No. 208 1

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Australian Securities Commission Regulations2(Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Australian Securities Commission Act 1989.

Dated 27 July 1993.

 

 BILL HAYDEN

 Governor-General

By His Excellency’s Command,

  

M. LAVARCH

Attorney-General

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1.   Amendment

1.1   The Australian Securities Commission Regulations are amended as set out in these Regulations.

[NOTE:

 These Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]

2.   Schedule 1 (Forms)

2.1   Form 1:

Omit “Australian Securities Commission Act 1989” (wherever occurring) substitute “ASC Law”.

2.2   Form 1:

Omit “of the Act” (twice occurring), substitute “of the ASC Law”.

2.3   Form 1:

Omit paragraph 2 from the part of the form headed “NOTICE OF RELEVANT STATUTORY PROVISIONS”, substitute:

“2. (1)  You must not fail to comply with this notice without reasonable excuse (see subsection 63 (1) of the ASC Law).

 (2)  It is not a reasonable excuse for failure to comply with this notice that giving information or signing a record or producing a book might tend to incriminate you or expose you to a penalty (see subsection 68 (1) of the ASC Law).

 (3)  However, if:

• (a)

  before making an oral statement or signing a record in answer to this notice you claim that making the statement or signing the record might tend to incriminate you or expose you to a penalty; and

• (b)

  making the statement or signing the record might in fact tend to incriminate you or expose you to a penalty;

 the statement, or the fact that you have signed the record, is not admissible in evidence in any criminal proceedings, or proceedings for the imposition of a penalty, against you other than proceedings in respect of the falsity of the statement or the record.

 (4)  The right to make a claim of this kind is not available to a body corporate (see subsections 68 (2) and (3) of the ASC Law).”

2.4   Form 2:

Omit “an investigation of”.

2.5   Form 2:

Omit “Australian Securities Commission Act 1989”, substitute “ASC Law”.

 

2.6   Form 2 (note 2):

Omit the note, substitute:

“2   insert the nature of the matter to which the request for production of books relates”.

 

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 3 August 1993.

2. Statutory Rules 1990 No. 454.