Document ID: chunk:federal_register_of_legislation:F2024C01050:reg:6a:p6
Version: federal_register_of_legislation:F2024C01050
Segment Type: reg
Provision Reference: reg 6A (pt 6/11)
Character Range: 24102–26941

given written notice to the company, stating that the company is excluded from relying on the relief in subsection 8(1) or 8(2) of this instrument, and ASIC has not withdrawn the notice; or

           (e) a retail CCIV, in relation to a sub-fund of the CCIV.

8A Application for review by Administrative Review Tribunal

        (1) Applications may be made to the Administrative Review Tribunal for review of a decision made by ASIC under subsection 6A(5) or paragraph 8(5)(d) of this instrument.

9 Financial services licensees being wound up

      (1)   A company that held an Australian financial services licence as at the end of a financial year of the company does not have to comply with Subdivision C of Division 6 of Part 7.8 of the Act:

         (a)   in relation to the financial year if, as at the day the company would otherwise have been required to lodge a report under that Subdivision for the financial year, the company has a liquidator appointed to it; and

         (b)   in relation to any earlier financial year of the company but only to the extent that Subdivision would have imposed, but for this paragraph (b), a continuing obligation on the company on or after the appointment of the liquidator.

           Note:  In this section, the definition of liquidator in section 4 of this instrument overrides paragraph (b) of the definition of liquidator in section 9 of the Act.

        Exclusion

      (2)   This section does not apply to a company that:

         (a)   has an administrator appointed to it under Part 5.3A of the Act; or

         (b)   is subject to a deed of company arrangement; or

          (c) continues to hold an Australian financial services licence.

10 Financial services licensees under other external administrations

       Deferral of financial reporting obligations

        (1) A financial services licensee that is a company in relation to which a relevant external administrator has been appointed does not have to comply with an obligation under Subdivision C of Division 6 of Part 7.8 of the Act to lodge reports with ASIC in relation to a financial year of the licensee where, but for this subsection (1), the obligation would otherwise have arisen within 6 months after the date of appointment of the relevant external administrator.

       This subsection (1) applies until the last day of the licensee deferral period.

        (2) The financial services licensee also does not have to comply with an obligation to lodge reports with ASIC under that Subdivision in relation to any earlier financial year of the licensee but only to the extent that Subdivision would have imposed, but for this subsection (2), a continuing obligation on the licensee from the date of appointment of the relevant external administrator.

       This subsection (2) applies until the