Commonwealth Consolidated Acts

CORPORATIONS ACT 2001 - SECT 1317C

    Section   1317B does not apply in relation to:

  (a)   a decision in respect of which any provision in the nature of an appeal or review is expressly provided by this Act; or

  (b)   a decision that is declared by this Act to be conclusive or final or is embodied in a document declared by this Act to be conclusive evidence of an act, matter or thing; or

  (c)   a decision by ASIC under subsection   9D(2) to declare a financial market; or

  (ca)   a decision of ASIC to order the winding up of a company under section   489EA; or

  (d)   a decision made by ASIC in the performance of a function, or in the exercise of a power, under section   601CC or 601CL or Chapter   5A; or

  (e)   a decision by ASIC to refuse to exercise a power under section   601CC or 601CL or Chapter   5A; or

  (f)   a decision to apply under section   596A or 596B for the Court to summon a person for examination about a corporation's examinable affairs; or

  (g)   a decision to apply under section   597A for the Court to require a person to file an affidavit about a corporation's examinable affairs; or

  (ga)   a decision of ASIC under section   655A; or

  (gb)   a decision of ASIC under section   673 in relation to securities of the target of a takeover bid during the bid period; or

  (gc)   a decision by ASIC whether to make an application under section   657C, 657G, 659B, 1325A, 1325B or 1325C; or

  (gcaa)   a decision by ASIC to declare under subsection   791D(2) that a financial market has a material connection with this jurisdiction; or

  (gcab)   a decision by ASIC under subsection   791E(4) to determine connections, matters or principles; or

  (gcac)   a decision by the Minister under subsection   791F(1) to consent to the making of a determination; or

  (gcad)   a decision by ASIC:

  (i)   to give a direction under subsection   794AA(1); or

  (ii)   to vary a direction under subsection   794AB(1); or

  (iii)   to revoke a direction under subsection   794AB(2); or

  (gcae)   a decision by the Minister under subsection   794DA(2) to direct ASIC to vary or revoke a direction given under subsection   794D(1); or

  (gca)   a decision by ASIC to make market integrity rules under section   798G; or

  (gcb)   a decision by the Minister to:

  (i)   consent to the making of a market integrity rule; or

  (ii)   direct ASIC to revoke or amend a market integrity rule; or

  (gcba)   a decision by ASIC:

  (i)   to give a direction under subsection   798JB(1); or

  (ii)   to vary a direction under subsection   798JC(1); or

  (iii)   to revoke a direction under subsection   798JC(2); or

  (gcc)   a decision by ASIC to do or not do anything under regulations made for the purposes of section   798K (alternatives to civil proceedings); or

  (gcca)   a decision by ASIC to declare under subsection   820D(2) that a clearing and settlement facility has a material connection with this jurisdiction; or

  (gccb)   a decision by ASIC to make a determination under subsection   820F(3); or

  (gccc)   a decision by the Minister under subsection   820G(1) or (2) to consent to the making of a determination; or

  (gccd)   a decision by the Minister under subsection   823DA(2) to direct ASIC to vary or revoke a direction given under subsection   823D(1); or

  (gcce)   a decision by the Reserve Bank to give a direction under section   823F (directions to preserve stability in the Australian financial system); or

  (gccf)   a decision by the Minister to grant a CS facility license under subsection   824B(3); or

  (gccg)   a decision by ASIC:

  (i)   under section   826H to make CS facility rules; or

  (ii)   under subsection   826R(1) to vary or revoke CS facility rules; or

  (gcch)   a decision by ASIC to do or not do anything under regulations made for the purposes of section   826L (alternatives to civil proceedings); or

  (gcci)   a decision by the Minister:

  (i)   under subsection   826N(1) to consent to the making of a CS facility rule; or

  (ii)   under subsection   826K(3), 826P(3) or 826Q(3) to direct ASIC to vary or revoke a CS facility rule; or

  (gccj)   a decision of the Reserve Bank to determine standards under section   827DA, or to vary or revoke such a standard; or

  (gcd)   a decision by ASIC to:

  (i)   make CS services rules; or

  (ii)   give a direction under subsection   828G(1); or

  (gce)   a decision by the Minister to:

  (i)   make a determination under subsection   828B(2); or

  (ii)   consent under subsection   828K(1) to the making of CS services rules; or

  (iii)   make directions under paragraph   828L(2)(b); or

  (gcf)   a decision under Part   7.3B; or

  (gd)   a decision of the Minister under Division   1 of Part   7.4; or

  (gdaa)   a decision by ASIC under subsection   850A(3) to declare a body corporate; or

  (gda)   a decision by the Minister:

  (i)   to make a determination under section   901B, or to amend or revoke such a determination; or

  (ii)   to consent, under section   901K or 903H, to the making of a derivative transaction rule or a derivative trade repository rule, or to consent to the variation or revocation of such a rule; or

  (iii)   to direct ASIC, under section   901L or 903J , to amend or revoke a derivative transaction rule or a derivative trade repository rule; or

  (gdb)   a decision by ASIC to make derivative transaction rules or derivative trade repository rules under section   901A or 903A, or to vary or revoke such rules; or

  (gdc)   a decision by ASIC to do or not do anything under regulations made for the purpose of section   901F or 903E; or

  (gdcaa)   a decision by the Minister under subsection   904GA(2) to direct ASIC to vary or revoke a direction given under subsection   904G(1); or

  (gdca)   a decision by ASIC under subsection   915B(1B), (2B), (3B) or (4B) (immediate cancellation of an Australian financial services licence); or

  (gdd)   a decision by ASIC to make client money reporting rules under section   981J; or

  (gde)   a decision by ASIC to do or not do anything under regulations made for the purposes of section   981N (alternatives to civil proceedings for contraventions of client money reporting rules); or

  (gdf)   a decision by ASIC to make a declaration under subsection   908AC(2), or to vary or revoke such a declaration (about significant financial benchmarks); or

  (gdg)   a decision by the Minister under:

  (i)   subsection   908AC(4) to consent to the making of a declaration under subsection   908AC(2); or

  (ii)   subsection   908AD(3) to direct ASIC to revoke a declaration made under subsection   908AC(2); or

  (gdh)   a decision of the Minister under subsection   908BU(2) to disallow a direction or notice given by ASIC under section   908BT (about compliance directions or notices given to benchmark administrator licensees); or

  (gdi)   a decision by ASIC to make rules under Division   3 of Part   7.5B, or to vary or revoke such rules; or

  (gdj)   a decision by ASIC to do or not do anything under regulations made for the purposes of subsection   908CG(1) (alternatives to civil proceedings for contraventions of rules about financial benchmarks); or

  (gdk)   a decision by the Minister:

  (i)   under subsection   908CM(2) to consent to the making of rules under Division   3 of Part   7.5B; or

  (ii)   under subsection   908CN(3) to direct ASIC to vary or revoke rules made under Division   3 of Part   7.5B; or

  (gdl)   a decision by ASIC to require something, by giving written notice, under the compelled financial benchmark rules; or

  (gdm)   any of the following decisions by ASIC:

  (i)   a decision under subsection   1023D(3) (which relates to making product intervention orders);

  (ii)   a decision under subsection   1023H(1) (which relates to extensions of product intervention orders);

  (iii)   a decision under section   1023J (which relates to amendments of product intervention orders) that, under subsection   1023J(6), must be by legislative instrument;

  (iv)   a decision under section   1023K (which relates to revocation of product intervention orders) that, under subsection   1023K(4), must be by legislative instrument; or

  (ge)   a decision of ASIC under section   1101A or 1101AA; or

  (gf)   a decision of ASIC:

  (i)   to give an infringement notice under section   1317DAM; or

  (ii)   to extend, or to refuse to extend, the payment period for an infringement notice under section   1317DAR; or

  (iii)   to make an arrangement, or to refuse to make an arrangement, to pay the amount payable under an infringement notice by instalments under section   1317DAS; or

  (iv)   to withdraw, or not to withdraw, an infringement notice under section   1317DAT; or

  (gg)   a decision by the Registrar to make, amend or repeal data standards under section   1270G; or

  (gh)   a decision by the Registrar to make, amend or repeal the disclosure framework under section   1270K; or

  (h)   a decision to make a determination under subsection   1317D(3); or

  (i)   a decision of ASIC to issue an infringement notice under section   1317DAC; or

  (j)   a decision of ASIC to withdraw, or not to withdraw, an infringement notice under section   1317DAI; or

  (k)   a decision of ASIC under section   40 - 5 of Schedule   2 (which deals with directing liquidators to comply with requirements to lodge documents etc.); or

  (l)   a decision of ASIC under section   40 - 10 of Schedule   2 (which deals with directing liquidators to correct inaccuracies etc.); or

  (m)   a decision of ASIC under section   40 - 100 of Schedule   2 to take no action in relation to matters raised by an industry notice lodged under that section (notice by industry bodies of possible grounds for disciplinary action); or

  (n)   a decision of ASIC to give a direction under section   70 - 70 of Schedule   2 (which deals with directing external administrators to comply with requests for information etc.); or

  (o)   a decision of ASIC under section   70 - 85 of Schedule   2 (a decision to impose a condition on the use or disclosure of relevant material).