Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) For subsection 136(2A) of the Act, a report under subsection 136(1) of the Act for a financial year (the report year ) must include the following information:
(a) the number of times in the report year that ASIC used an information gathering power prescribed in subregulation (2) (a prescribed power );
(b) for a particular use of a prescribed power in the report year--the provision of the Act, or another law, which conferred the prescribed power;
(c) the number of times in the financial year before the report year that ASIC used an information gathering power that was a prescribed power for this regulation at the time the power was used.
(2) For subsection 136(2A) of the Act, each information gathering power set out in a provision of an Act mentioned in the following table is prescribed.
Information gathering powers | ||
Item | Provisions in which powers appear | General description of provision (for information only) |
1 | Subsection 12GY(2) of the Act | Powers relating to substantiation of a claim |
2 | Section 19 of the Act | Powers relating to requiring a person to attend for examination |
3 | Section 30 of the Act | Powers relating to the production of books |
4 | Section 30A of the Act | Powers relating to requesting information |
4A | Section 30B of the Act | Powers relating to requesting information and books |
5 | Section 31 of the Act | Powers relating to the production of books |
6 | Section 32A of the Act | Powers relating to the production of books |
7 | Section 33 of the Act | Powers relating to the production of books |
8 | Subsection 49(3) of the Act | Powers relating to requiring a person to give assistance |
9 | Section 58 of the Act | Powers relating to: (a) summonsing a witness; and (b) taking evidence |
10 | Section 601FF of the Corporations Act 2001 | Powers relating to conducting surveillance on, or monitoring, a managed investment scheme |
11 | Section 601HD of the Corporations Act 2001 | Powers relating to a request for information |
12 | Section 672A of the Corporations Act 2001 | Powers relating to requiring the disclosure of interests |
13 | Section 672B of the Corporations Act 2001 | Powers relating to requiring the disclosure of interests |
14 | Section 792D of the Corporations Act 2001 | Powers relating to requiring a person to give assistance |
15 | Section 912C of the Corporations Act 2001 | Powers relating to requiring a person to give assistance |
16 | Section 912E of the Corporations Act 2001 | Powers relating to: (a) requiring a person to give assistance; and (b) requiring the disclosure of documents and information |
16A | Section 1213P of the Corporations Act 2001 | Powers relating to requiring a notified foreign passport fund to lodge a copy of the register of members |
16B | Section 1226C of the Corporations Act 2001 | Powers relating to a request for information |
17 | Section 1317R of the Corporations Act 2001 | Powers relating to requiring a person to give assistance |
18 | Section 3E of the Crimes Act 1914 | Powers relating to search warrants |
19 | Subsection 10(2) of the Mutual Assistance in Business Regulation Act 1992 | Powers relating to: (a) requiring a person to give information; and (b) requiring a person to give documents; and |
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| (c) requiring a person to attend to give evidence and produce documents |
20 | Subsection 37(4) of the National Consumer Credit Protection Act 2009 | Powers relating to requesting information |
21 | Subsection 49(1) of the National Consumer Credit Protection Act 2009 | Powers relating to requesting information |
22 | Section 51 of the National Consumer Credit Protection Act 2009 | Powers relating to requiring a person to give assistance |
23 | Section 253 of the National Consumer Credit Protection Act 2009 | Powers relating to requiring a person to give assistance |
24 | Section 266 of the National Consumer Credit Protection Act 2009 | Powers relating to the production of books |
25 | Section 267 of the National Consumer Credit Protection Act 2009 | Powers relating to the production of books |
26 | Item 17 of Schedule 2 to the National Consumer Credit Protection Act 2009 | Powers relating to requesting information |