Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

CORPORATIONS ACT 2001 - SECT 826C

Suspension or cancellation following hearing and report

  (1)   If ASIC considers that a CS facility licensee has breached one or more of its obligations as a CS facility licensee under this Chapter, ASIC may give the licensee a written notice that requires the licensee to show cause, at a hearing before a specified person, why the licence should not be suspended or cancelled.

  (2)   The notice must specify:

  (a)   the grounds on which it is proposed to suspend or cancel the licence; and

  (b)   a reasonable time and place at which the hearing is to be held.

However, if the licensee consents, the person conducting the hearing may fix a different time or place.

  (3)   The person conducting the hearing must:

  (a)   give the licensee an opportunity to be heard at the hearing; and

  (b)   give ASIC:

  (i)   a report about the hearing; and

  (ii)   a recommendation about the grounds in the notice on which it is proposed to suspend or cancel the licence.

  (4)   After considering the report and recommendation, ASIC may:

  (a)   decide to take no further action in relation to the matter and give written advice of that decision to the licensee; or

  (b)   suspend the licence for a specified period, or cancel the licence, by giving written notice to the licensee.

Note:   ASIC must have regard to the matters in section   827A.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback