Document ID: chunk:federal_register_of_legislation:F2024C01106:body:0:p2
Version: federal_register_of_legislation:F2024C01106
Segment Type: other
Provision Reference: 
Character Range: 3366–6190

not the conduct was within the scope of the actual or apparent authority of that officer, employee, or other agent, had that state of mind.

(2) In subrule (1), a reference to the state of mind of a person includes a reference to the knowledge, intention, opinion, belief or purpose of the person and the person's reasons for the person's intention, opinion, belief or purpose.

1.1.8       Application for review by Administrative Review Tribunal of certain decisions made under these Rules

     (1) Subject to this Rule, applications may be made to the Tribunal for review of a decision made by ASIC under:
        (a)        subrule 1.2.1(1); or

        (b)       subrule 1.2.1(3).

     (2) An application made under subrule (1) may only be made by:
        (a)        the Market Participant that made the application for a waiver of a Rule under Rule 1.2.1; or

        (b)       the person in respect of which the application was made.

     (3) In this Rule:

        decision and Tribunal have the same meaning as in the Administrative Review Tribunal Act 2024.

 1.1.9  Notice of reviewable decision and review rights

     (1) This Rule applies if ASIC makes a decision to which Rule 1.1.8 applies.

     (2) ASIC must take such steps as are reasonable in the circumstances to give to each person who may make an application for review of the decision under Rule 1.1.8 notice, in writing or otherwise:
        (a)        of the making of the decision; and

        (b)       of the person's right to have the decision reviewed by the Tribunal.

     (3) A failure to comply with this Rule does not affect the validity of the decision.

Part 1.2 Waiver of the Rules

1.2.1 Waiver of Rules

     (1) Subject to Rule 1.2.3, ASIC may, by legislative instrument, relieve any person or class of persons from the obligation to comply with a provision of these Rules, either generally or in a particular case or category, and either unconditionally or subject to such conditions as ASIC thinks fit.

     (2) If any conditions on a waiver given under subrule (1) are imposed, all of the conditions must be complied with for the waiver to be effective.

     (3) ASIC may withdraw, by legislative instrument, a waiver given under subrule (1) at any time.

     (4) Any request by a person for a waiver under subrule (1) must be in writing.

         Note: Legislative instruments made under this rule are available on the Federal Register of Legislation. The register may be accessed at www.legislation.gov.au.

1.2.2 Compliance with conditions

Failure to comply with a condition imposed under Rule 1.2.1 is a contravention of this Rule.

1.2.3 Period during which relief applies

ASIC may specify that a waiver applies for a specified period.

1.2.4 Register

(1) ASIC may establish and maintain a register for