Document ID: chunk:federal_register_of_legislation:F2024C01249:reg:15:p30
Version: federal_register_of_legislation:F2024C01249
Segment Type: reg
Provision Reference: reg 15 (pt 30/73)
Character Range: 1762975–1765626

relation to an event that occurred, after the FSR commencement); and
 (b) paragraph (a) includes the power:
 (i) to issue an instrument; and
 (ii) to execute an instrument.

Division 18—Specific kinds of documents in existence before FSR commencement

10.2.92  Banning orders made before FSR commencement
 (1) On and after the FSR commencement, a banning order made before the FSR commencement under Division 5 of Part 7.3, or Division 5 of Part 8.3, of the old Corporations Act (the relevant Division):
 (a) continues in force to the extent practicable to allow it to apply to conduct or another matter:
 (i) as it is described on and after the FSR commencement; or
 (ii) as it is regulated on and after the FSR commencement; and
 (b) is taken to be a banning order made under:
 (i) the relevant Division of the old Corporations Act; and
 (ii) section 920A of the Act.
 (2) On and after the FSR commencement, the relevant Division of the old Corporations Act, and associated provisions, continue to apply to the extent necessary to allow the banning order to continue in force.
 (3) For subregulation (2), nothing in the relevant old legislation (including the Australian Securities and Investments Commission Act 2001) prevents ASIC from:
 (a) drafting or amending the terms of a banning order; or
 (b) taking any other action permitted by Division 8 of Part 7.6 of the Act;
for the purpose of ensuring that the banning order has the same effect under the amended Corporations Act as it had under the old Corporations Act, or an effect equivalent to the effect it had under the old Corporations Act.

10.2.93  Banning orders made under relevant old legislation after FSR commencement
 (1) On and after the FSR commencement, Division 5 of Part 7.3, or Division 5 of Part 8.3, of the old Corporations Act (the relevant Division), and associated provisions, continue to apply to the extent necessary to allow a banning order to be made or enforced against a person in relation to:
 (a) conduct or another matter that occurred before the FSR commencement; or
 (b) conduct or another matter that:
 (i) occurred after the FSR commencement; and
 (ii) is regulated in accordance with section 1432 or 1436A of the Act.
 (2) A banning order made in relation to conduct or another matter mentioned in subregulation (1) is taken to be a banning order made under:
 (a) the relevant Division of the old Corporations Act; and
 (b) section 920A of the Act.
 (3) Subregulation (1) does not prevent ASIC from making a banning order under section 920A of the Act in relation to the same conduct or matter in relation to which a banning order is made under the relevant