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CORPORATIONS (QUEENSLAND) ACT 1990 - SECT 60
Interpretation of some expressions in the ASIC Law, and the ASIC Regulations, of Queensland
60 Interpretation of some expressions in the ASIC Law, and the ASIC
Regulations, of Queensland
(1) In this part, and in the ASIC Law, and the ASIC Regulations, of
Queensland—
"advisory committee" means the Companies and Securities Advisory Committee
established by the ASIC Act , section 145 .
"affairs" , in relation to a body corporate, has the same meaning as in the
Corporations Law, section 246AA .
"assist" , in relation to a commission delegate, means— (a) to perform
functions— (i) as a member, officer or employee of the commission delegate;
and
(ii) in connection with the commission delegate’s performance or
exercise of a function or power delegated under the ASIC Law, section 102 ; or
(b) to perform services for the commission delegate in connection with the
commission delegate’s performance or exercise of a function or power
delegated under the ASIC Law, section 102 .
"Australia" includes any external Territory to which the ASIC Act extends.
"books" includes— (a) a register; and
(b) financial reports or financial
records, however compiled, recorded or stored; and
(c) a document; and
(d)
banker’s books; and
(e) any other record of information.
"chairperson" means— (a) except in the ASIC Law, part 11 or in relation to
the disciplinary board—the chairperson of the commission; and
(b) in part
11 of that Law or in relation to the disciplinary board—the chairperson of
the disciplinary board.
"commission" means the Australian Securities and Investments Commission
established by the ASIC Act , section 7 .
"commission delegate" means a person to whom, or a body to which, a function
or power is delegated under the ASIC Law, section 102 .
"contravention" , in relation to a law, includes an ancillary offence relating
to an offence against that law.
"court" , except in the ASIC Law, section 248 , includes a tribunal having
power to require the production of documents or the answering of questions.
"deputy chairperson" means the deputy chairperson of the commission.
"disciplinary board" means the Companies Auditors and Liquidators
Disciplinary Board established by the ASIC Act , section 202 .
"eligible person" , in relation to a person, means a person who— (a) if the
firstmentioned person is a body corporate—is or has been an officer of the
body within the meaning of a national scheme law or a corresponding previous
law; or
(b) in any case— (i) is or has been an employee, agent, banker,
solicitor or auditor of; or
(ii) is acting, or has acted, in any other
capacity on behalf of;
the firstmentioned person.
"examination" means— (a) in this section and part 3 (other than section 27
(2) and division 9 ) of the ASIC Law—an examination of a person pursuant to
a requirement made under section 19 of that Law; or
(b) in section 27 (2) and
the ASIC Law, part 3 , division 9 —an examination of a person pursuant to a
requirement made under the ASIC Law, section 19 or a corresponding provision
of the ASIC Law of another jurisdiction.
"expenses" , in relation to an investigation under the ASIC Law, part 3 ,
division 1 , includes costs and expenses incurred in relation to a proceeding
begun under the ASIC Law, section 50 as a result of the investigation.
"fail" means refuse or fail.
"foreign country" means— (a) an external Territory to which the ASIC Act
does not extend; or
(b) a country outside Australia and the external
Territories; or
(c) a part of such a country.
"give" has— (a) in relation to a document—a meaning affected by the
ASIC Law, section 86 ; and
(b) in relation to information—a meaning
affected by section 61 of this Act.
"hearing" , in this section and part 3 of the ASIC Law, means a hearing before
the commission and, in sections 52 , 54 , 55 and 56 of that Law, includes a
part of such a hearing.
"information" has a meaning affected by section 61 of this Act.
"investigate" , in relation to the commission, means investigate in the course
of performing or exercising any of the commission’s functions and powers.
"meeting" means— (a) in the ASIC Law, part 4 , a meeting of the commission;
and
(b) in part 11 of that Law—a meeting of the disciplinary board.
"member" means— (a) except in the ASIC Law, part 4 , division 2 or in part
10 , 11 , or 14 , or in relation to a division of the commission, or in
relation to the panel or the disciplinary board—a member of the commission;
or
(b) in part 10 of that Law or in relation to the panel—a member of the
panel; or
(c) in part 11 of that Law or in relation to the
disciplinary board—the chairperson or any other member of the
disciplinary board.
"national scheme law" means— (a) the following— (i) the Corporations Law
of this jurisdiction;
(ii) the ASIC Law of this jurisdiction;
(iii)
this Act; or
(b) the following— (i) the Corporations Act ;
(ii) the
Corporations Law of the Capital Territory;
(iii) the ASIC Act ; or
(c) a law
of a jurisdiction (other than this jurisdiction or the Capital Territory) that
corresponds to an Act or Law referred to in paragraph (a) .
"national scheme law of this jurisdiction" means— (a) this Act; or
(b) the
Corporations Law of Queensland; or
(c) the ASIC Law of Queensland.
"officer" , in relation to a body corporate, includes— (a) a director,
secretary, executive officer or employee of the body; and
(b) a receiver, or
a receiver and manager, of property of the body; and
(c) an administrator of
the body or an administrator of a deed of company arrangement executed by the
body; and
(d) a liquidator, or a provisional liquidator, of the body; and
(e) a trustee or other person administering a compromise or arrangement made
between the body and any other person or persons.
"panel" means the Corporations and Securities Panel established by the ASIC
Act , section 171 .
"panel proceeding" means a proceeding before the panel on— (a) an
application made to the panel under the Corporations Law; or
(b) a reference
of a decision to the panel for review under the Corporations Law.
"power" includes an authority.
"prescribed" means prescribed by the ASIC Law or the regulations.
"president" means the president of the panel.
"proceeding" means— (a) a proceeding in a court; or
(b) a proceeding or
hearing before, or an examination by or before, a tribunal;
whether the
proceeding, hearing or examination is of a civil, administrative, criminal,
disciplinary or other nature.
"produce" , except in the ASIC Law, part 3 , includes permit access to.
"property" means any legal or equitable estate or interest (whether present or
future and whether vested or contingent) in real or personal property of any
description and includes a thing in action and money.
"record" , in relation to an examination, means the whole or a part of a
record made under the ASIC Law, section 24 of statements made at the
examination.
"regulations" means the ASIC Regulations of this jurisdiction.
"report" includes an interim report.
"staff member" means— (a) a member of the staff referred to in the ASIC Act
, section 120 (1) or a person employed under section 120 (3) of that Act; or
(b) a person engaged under section 121 (1) of that Act; or
(c) any of the
officers, employees and persons who under section 122 of that Act are to
assist the commission.
"statement" , in relation to an examination, includes a question asked, an
answer given, and any other comment or remark made, at the examination.
"Territory" means— (a) the Capital Territory; or
(b) an external Territory
to which the ASIC Act extends.
"this Act" , except in this part, means the ASIC Law, and includes the
regulations.
"this jurisdiction" means Queensland.
"this Law" includes the regulations.
"tribunal" means— (a) a tribunal in Australia; or
(b) any other body,
authority or person in Australia having power, by law or by consent of
parties, to hear, receive or examine evidence.
"witness" means— (a) for a hearing before the commission, a person appearing
at the hearing to give evidence; or
(b) for a panel proceeding, a person
appearing in the proceeding to give evidence.
"written record" , in relation to an examination, means— (a) a record of the
examination— (i) that is made in writing; or
(ii) as reduced to writing; or
(b) a part of such a record.
(2) Subject to the ASIC Law of
this jurisdiction, an expression has the same meaning in that Law and in the
ASIC Regulations of this jurisdiction as in the Corporations Law of
this jurisdiction.
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