Document ID: chunk:federal_register_of_legislation:C2025C00182:section:271
Version: federal_register_of_legislation:C2025C00182
Segment Type: section
Provision Reference: s 271
Character Range: 670515–672806

271  Non‑federal proceedings etc.
 (1) ASIC has the functions and powers in relation to a non‑federal proceeding that are expressed to be conferred on it by or under a law of the Commonwealth or the Northern Territory.
 (2) ASIC also has the functions and powers in relation to a non‑federal proceeding that are expressed to be conferred on it by or under a law of a State in this jurisdiction. However, ASIC:
 (a) is not subject to any directions in the performance of such functions or the exercise of such powers; and
 (b) is not under a duty to perform such functions or exercise such powers.
 (3) If a Minister of a State or Territory appoints a person to bring or continue a non‑federal proceeding in the State or Territory, ASIC may give the person any information and documents that ASIC has in relation to the proceeding.
 (4) In this section:
appeal or review proceeding has the same meaning as in section 266.
enforcement proceeding has the same meaning as in section 266.
non‑federal proceeding means:
 (a) a proceeding in relation to which paragraphs 267(1)(a), (b) and (d) are satisfied but paragraph 267(1)(e) is not satisfied; or
 (aa) a proceeding in relation to which paragraphs 1383(1)(a), (b) and (d) of the Corporations Act 2001 are satisfied but paragraph 1383(1)(e) of that Act is not satisfied;
 (b) an enforcement proceeding, or an appeal or review proceeding, in relation to an order of a court made before the commencement in relation to a proceeding that was:
 (i) under a provision of the old ASIC legislation of the Commonwealth, a State in this jurisdiction or the Northern Territory; or
 (ia) under a provision of the old corporations legislation of a State or Territory in this jurisdiction; or
 (ii) brought as, or connected with, a prosecution for an offence against a provision of the old ASIC legislation of the Commonwealth, a State in this jurisdiction or the Northern Territory; or
 (iii) brought as, or connected with, a prosecution for an offence against a provision of the old corporations legislation of a State or Territory in this jurisdiction; or
 (c) an enforcement proceeding, or an appeal or review proceeding, in relation to an order of a court made after the commencement in relation to a proceeding referred to in paragraph (a) or (aa).