Document ID: chunk:federal_register_of_legislation:C2004A03231:body:0:p26
Version: federal_register_of_legislation:C2004A03231
Segment Type: other
Provision Reference: 
Character Range: 64915–67706

(other than the exercise of a power of the Commission under sub-section 6 (3) of the National Companies and Securities Commission Act 1979); or
             (ii) ensuring compliance with the provisions of a relevant Act; or";
     (b) by omitting from sub-paragraph (1) (b) (i) "such a relevant Act or corresponding law" and substituting "a relevant Act"; and
     (c) by inserting after sub-section (1) the following sub-section:
    "(1a) A reference in sub-section (1) to a relevant Act includes a reference to the provisions of a law of a participating State or participating Territory that correspond with a relevant Act.".

35. Section 16a of the Principal Act is repealed and the following section is substituted:

Investigation of certain matters
" 16a. Where the Commission has reason to suspect that—
     (a) an offence under a provision of a relevant Act; or

     (b) an offence relating to a company, being an offence that involves fraud or dishonesty or concerns the management of affairs of the company,
may have been committed, the Commission may make such investigation as the Commission thinks expedient for the due administration of a relevant Act.".

Registration of auditors
36. Section 18 of the Principal Act is amended by omitting from sub-section (3) "or a section 562 order" and substituting ", a section 562 order or a section 562a notice".

Registration of liquidators
37. Section 20 of the Principal Act is amended by omitting from sub-section (4) "or a section 562 order" and substituting ", a section 562 order or a section 562a notice".

Notification of certain matters
38. Section 25 of the Principal Act is amended—
     (a) by omitting from sub-section (4) "or a section 562 order" and substituting ", a section 562 order or a section 562a notice";
     (b) by inserting in sub-section (4) "in writing" after "particulars" (first occurring);
     (c) by omitting from sub-section (4) "or particulars in writing" and substituting ", or"; and
     (d) by omitting from sub-section (4) "or section 562 order" and substituting ", section 562 order or section 562a notice".

Powers of Board in relation to auditors and liquidators
39. Section 30d of the Principal Act is amended—
     (a) by omitting sub-paragraphs (1) (a) (i) and (ii), (2) (a) (i) and (ii) and (3) (a) (i) and (ii);
     (b) by inserting after sub-section (6) the following sub-sections:
    "(6a) The Board shall, if it is satisfied on an application by the Commission for a prescribed person to be dealt with under this section—
         (a) that the person is subject to a section 227 prohibition, a section 227a order, a section 562 order or a section 562a notice; or
         (b) that the person is incapable, by reason of mental infirmity, of managing his affairs,
    by order, cancel