Commonwealth Consolidated Acts

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CORPORATIONS ACT 2001 - SECT 905H

Immediate suspension or cancellation

    ASIC may, by giving written notice to a derivative trade repository licensee, suspend the licence for a specified period, or cancel it, if:

  (a)   the licensee ceases to carry on the business of operating the repository to which the licence relates; or

  (aa)   both of the following subparagraphs apply:

  (i)   it has been at least 12 months since ASIC granted the licence;

  (ii)   during the last 12 months, the licensee has not provided the repository's services to which the licence relates; or

  (ab)   all of the following subparagraphs apply:

  (i)   it has been at least 12 months since ASIC granted the licence;

  (ii)   the licence is subject to a condition specifying that the licensee is authorised to engage in specified conduct or activity that constitutes operating that repository;

  (iii)   during the last 12 months, the licensee has not engaged in any such specified conduct or activity; or

  (b)   the licensee becomes a Chapter   5 body corporate; or

  (c)   the licensee asks ASIC to do so; or

  (ca)   an application has been made under section   601AA to deregister the licensee as a company; or

  (cb)   ASIC has decided under section   601AB to deregister the licensee as a company; or

  (d)   in the case of a licensee that is a leviable entity (within the meaning of the ASIC Supervisory Cost Recovery Levy Act 2017 )--the following have not been paid in full at least 12 months after the due date for payment:

  (i)   an amount of levy (if any) payable in respect of the licensee;

  (ii)   the amount of late payment penalty payable (if any) in relation to the levy;

  (iii)   the amount of shortfall penalty payable (if any) in relation to the levy.



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