Document ID: chunk:federal_register_of_legislation:C2025C00182:section:43:p1
Version: federal_register_of_legislation:C2025C00182
Segment Type: section
Provision Reference: s 43 (pt 1/2)
Character Range: 350582–353150

43  Exercise of certain powers of ASIC in relation to financial products
 (1) This section applies where ASIC considers that:
 (a) it may be necessary to exercise, in relation to a financial product issued by a body corporate, a power under section 794D of the Corporations Act; or
 (b) a contravention of section 991F, or Division 2 of Part 7.10, of the Corporations Act may have been committed in relation to financial products issued by a body corporate; or
 (c) a contravention of Chapter 6C of the Corporations Act may have been committed in relation to shares in a body corporate; or
 (d) a contravention of a law of the Commonwealth, or of a State or Territory in this jurisdiction, may have been committed, being a contravention that involves fraud or dishonesty and relates to financial products issued by a body corporate; or
 (e) unacceptable circumstances within the meaning of Subdivision B of Division 2 of Part 6.10 of the Corporations Act have, or may have, occurred:
 (i) in relation to an acquisition of shares in a body corporate; or
 (ii) as a result of conduct engaged in by a person in relation to shares in, or the affairs of, a body corporate; or
 (f) a person has, or may have, contravened section 657F of the Corporations Act.
 (2) ASIC may require a director, secretary or senior manager of the body to disclose to ASIC information of which he or she is aware and that:
 (a) may have affected a dealing that has taken place; or
 (b) may affect a dealing that may take place;
in financial products issued by the body.
Note: Failure to comply with a requirement made under this subsection is an offence (see section 63).
 (3) If ASIC believes on reasonable grounds that a person can give, information about particular matters, being any or all of the following:
 (a) a dealing in financial products issued by the body;
 (b) advice, or an analysis or report, that a person who carries on or has carried on (either alone or together with any other person or persons) a financial services business, or a representative of such a person, has given, issued or published about such financial products;
 (c) the financial position of a business carried on by a person who:
 (i) is or has been (either alone or together with any other person or persons) a person who carries on or has carried on a financial services business, or a representative of such a person; and
 (ii) has dealt in, has given advice about, or has issued or published an analysis or report about, such financial products;
 (d) the financial position of a business carried on by a