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MUTUAL ASSISTANCE IN BUSINESS REGULATION ACT 1992 - NOTES

No. 25, 1992

Compilation No. 8

Compilation date:    1 July 2019

Includes amendments up to: Act No. 122, 2018

Registered:    9 July 2019

 

About this compilation

This compilation

This is a compilation of the Mutual Assistance in Business Regulation Act 1992 that shows the text of the law as amended and in force on 1 July 2019 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

Part 1--Preliminary

1 Short title

2 Commencement

3 Interpretation

4 Act to extend to external Territories

4A Application of the Criminal Code

5 Object of Act

Part 2--Requests by foreign regulators

6 Making of requests

7 Commonwealth regulator's consideration of requests

8 Minister's consideration of matter

9 Conditions etc. relevant to an authorisation

10 Taking of evidence etc.

11 Appearance to be in private

12 Representation

13 Information provider to comply with requirement

14 Self-incrimination

15 Legal professional privilege

16 Taking of evidence - protection of persons

17 Evidence to be put in writing etc.

18 Evidence etc. to be sent to foreign regulator

Part 3--Miscellaneous

19 Act not to limit other provision of assistance

20 Orders under Foreign Proceedings (Excess of Jurisdiction) Act not to be contravened

21 Allowances and expenses

22 Delegation by Minister

23 Regulations

Endnotes

Endnote 1--About the endnotes

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history

 

Endnotes

Endnote 1--About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1--About the endnotes

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history

Abbreviation key--Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history--Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation "(md)" added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation "(md not incorp)" is added to the details of the amendment included in the amendment history.

Endnote 2--Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

    /sub-subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev ... ) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

    effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

    effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub-Ch = Sub-Chapter(s)

    cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

    commenced or to be commenced

 

Endnote 3--Legislation history

Act

Number and year

Assent

Commencement

Application, saving and transitional provisions

Mutual Assistance in Business Regulation Act 1992

25, 1992

12 May 1992

23 Oct 1992 (s 2(2) and gaz 1992, No S308)

 

Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001

24, 2001

6 Apr 2001

s 4(1), (2) and Sch 35: 24 May 2001 (s 2(1)(a))

s 4(1) and (2)

Crimes Legislation Enhancement Act 2003

41, 2003

3 June 2003

Sch 2 (items 15, 16): 3 June 2003 (s 2(1) item  10)

--

Law and Justice Legislation Amendment (Serious Drug Offences and Other Measures) Act 2005

129, 2005

8 Nov 2005

Sch 5: 8 Nov 2005 (s 2(1) item 4)

--

Statute Law Revision Act 2007

8, 2007

15 Mar 2007

Sch 4 (item 20): 15 Mar 2007 (s 2(1) item 44)

--

Corporations Legislation Amendment (Derivative Transactions) Act 2012

178, 2012

6 Dec 2012

Sch 1 (item 54): 3 Jan 2013 (s 2(1) item 2)

--

Corporations and Financial Sector Legislation Amendment Act 2013

59, 2013

21 June 2013

Sch 1 (items 22-24): 19 July 2013 (s 2(1) item  2)

--

Statute Update Act 2016

61, 2016

23 Sept 2016

Sch 1 (item 333): 21 Oct 2016 (s 2(1) item 1)

--

Treasury Laws Amendment (Enhancing ASIC's Capabilities) Act 2018

122, 2018

3 Oct 2018

Sch 2 (items 18, 19): 1 July 2019 (s 2(1) item 3)

--

 

Endnote 4--Amendment history

 

Provision affected

How affected

Part 1

 

s 3.....................

am No 59, 2013

s 4A....................

ad No 24, 2001

Part 2

 

s 7.....................

am No 129, 2005

s 8.....................

am No 129, 2005

s 9.....................

am No 129, 2005

s 10....................

am No 129, 2005

s 13....................

am No 24, 2001

s 14....................

am No 24, 2001

s 15....................

am No 8, 2007; No 61, 2016

Part 3

 

s 22....................

am No 41, 2003; No 129, 2005; No 178, 2012; No 122, 2018

 


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