Commonwealth Consolidated Acts

CORPORATIONS ACT 2001 - SECT 854A

  (1)   The regulations may make provision for and in relation to requiring a person:

  (a)   to keep and retain records that are relevant to whether a person has voting power in a widely held market body and, if so, how much; and

  (b)   to keep and retain records that are relevant to determining whether any disqualified individual is involved in a market licensee, a CS facility licensee or a derivative trade repository licensee; and

  (c)   to give the Minister or ASIC information that is relevant to the matters mentioned in paragraphs   (a) and (b); and

  (d)   to give a widely held market body information that is relevant to the matter mentioned in paragraph   (a).

  (2)   The regulations may provide that information given in accordance with a requirement covered by paragraph   (1)(c) or (d) must be verified by statutory declaration.

  (3)   However, an individual is not required to give information in accordance with a requirement covered by paragraph   (1)(c) or (d) if the information might tend to incriminate the individual or expose the individual to a penalty.

  (4)   A person contravenes this section if:

  (a)   the person makes or keeps a record in compliance, or purported compliance, with a requirement covered by subsection   (1); and

  (b)   the person does so knowing that the record:

  (i)   is false or misleading; or

  (ii)   omits any matter or thing without which the record is misleading.

Note:   A contravention of this subsection is an offence (see subsection   1311(1)).

  (5)   Regulations made for the purposes of this section may make provision for or in relation to a matter by conferring a power on the Minister.