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CORPORATIONS ACT 1989 No. 109 of 1989 - SECT 1084
Powers of Commission
1084. (1) This section applies to Divisions 2, 3, 4, 5 and 6.
(2) The Commission may, by writing, exempt a particular person or persons or a
particular class of persons, either generally or as otherwise provided in the
exemption, and either unconditionally or subject to such conditions (if any)
as are specified in the exemption, from compliance with all or any of the
provisions of:
(a) the Divisions to which this section applies; and
(b) regulations made for the purposes of the provisions of those Divisions
or any of them.
(3) Without limiting the generality of subsection (2), an exemption under that
subsection may relate to particular securities or to a particular class of
securities.
(4) A person shall not contravene a condition to which an exemption under
subsection (2) is subject.
(5) Where a person has contravened a condition to which an exemption under
subsection (2) is subject, the Court may, on the application of the
Commission, order the person to comply with the condition.
(6) The Commission may, by writing, declare that a Division to which this
section applies and regulations made for the purposes of the provisions of
that Division or any of them, shall have effect in their application in
relation to a particular person or persons, or a particular class of persons,
either generally or otherwise as provided in the declaration, as if a
specified provision or provisions of that Division or of those regulations
were omitted, modified or varied in a manner specified in the declaration,
and, where such a declaration is made, that Division and those regulations
have effect accordingly.
(7) Without limiting the generality of subsection (6), a declaration under
that subsection may relate to particular securities or a particular class of
securities.
(8) The Commission shall cause a copy of an exemption or declaration under
this section to be published in the Gazette.
(9) An exemption or declaration that was granted or made under, or continued
in force by, a corresponding law, being an exemption or declaration that
related to, or to a regulation made for the purposes of, a provision of the
corresponding law that corresponds with a provision to which this section
applies and was in force immediately before the commencement of this Part, has
effect after that commencement as if:
(a) it had been made under this section; and
(b) a reference in the exemption or declaration to, or to a regulation
made for the purposes of, a provision of the corresponding law that
corresponds to a provision to which this section applies were a
reference to that last-mentioned provision.
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