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AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION ACT 2001 - SECT 40

When certain powers may be exercised

    A power conferred by section   41 or 42   may only be exercised:

  (a)   for the purposes of the performance or exercise of any of ASIC's functions and powers under the corporations legislation (other than the excluded provisions); or

  (b)   for the purposes of ensuring compliance with the corporations legislation (other than the excluded provisions); or

  (c)   in relation to:

  (i)   an alleged or suspected contravention of the corporations legislation (other than the excluded provisions); or

  (ii)   an alleged or suspected contravention of a law of the Commonwealth, or of a State or Territory in this jurisdiction, being a contravention that concerns the management or affairs of a body corporate, or involves fraud or dishonesty and relates to a body corporate or financial products; or

  (iii)   an alleged or suspected contravention, by a trustee company, of a law of the Commonwealth, or of a State or Territory, being a contravention that involves fraud or dishonesty and that relates to trust property; or

  (d)   for the purposes of an investigation under Division   1.



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