Document ID: chunk:federal_register_of_legislation:C2025C00185:schedule:2:p48
Version: federal_register_of_legislation:C2025C00185
Segment Type: schedule
Provision Reference: sch 2 (pt 48/73)
Character Range: 6433560–6436269

Before giving the external administrator a direction under section 70‑70, ASIC must give the external administrator notice in writing:
 (a) stating that ASIC proposes to give the external administrator a direction under that section; and
 (b) identifying:
 (i) the relevant material, or the part of the relevant material, that ASIC proposes to direct be given; and
 (ii) the person or persons to whom ASIC proposes to direct that the relevant material, or that part of the relevant material, be given; and
 (c) inviting the external administrator to make a written submission to ASIC within 10 business days after the notice is given, stating:
 (i) whether the external administrator has any objection to giving the relevant material, or that part of the relevant material, to a person or persons as proposed; and
 (ii) if the external administrator has such an objection—the reasons for that objection.
 (2) If the external administrator objects to giving the relevant material, or part of the relevant material, to a person, ASIC must take into account the reasons for that objection when deciding whether to direct that the relevant material, or that part of the relevant material, be given to the person.
 (3) A notice under subsection (1) is not a legislative instrument.

70‑80  ASIC must not direct external administrator to give the relevant material if external administrator entitled not to comply with the request
  ASIC must not give a direction under section 70‑70 to give the relevant material, or part of the relevant material, to a person if ASIC is satisfied that the external administrator was entitled, under a provision of this Act or any other law, not to comply with the request for the relevant material, or that part of the relevant material, to the person.

70‑85  ASIC may impose conditions on use of the relevant material

ASIC may, by notice, impose conditions
 (1) ASIC may, by notice in writing to the person or persons to whom the relevant material is to be given, impose conditions on the use and disclosure of the relevant material, or part of the relevant material, by the person or persons.

Offence
 (2) A person commits an offence if:
 (a) ASIC directs that the relevant material, or part of the relevant material, be given to the person; and
 (b) ASIC has given the person notice under subsection (1) imposing a condition in relation to the use or disclosure of that material by the person; and
 (c) the person does not comply with the condition.
Penalty: 3 months imprisonment.

Notice is not a legislative instrument
 (3) A notice under subsection (1) is not a legislative instrument.

70‑90  Court may order relevant material to be given
 (1) The person or persons who