Document ID: chunk:federal_register_of_legislation:F2024C01249:reg:15:p29
Version: federal_register_of_legislation:F2024C01249
Segment Type: reg
Provision Reference: reg 15 (pt 29/73)
Character Range: 1760345–1763243

the relevant old legislation is not a financial services law unless the operation of the provision is expressly preserved or applied (with or without modification) in relation to the matter by a provision of these Regulations (other than this regulation).

10.2.90  ASIC may have regard to prior conduct and events
 (1) For a provision of Part 7.6 of the Act mentioned in subregulation (2), ASIC is not precluded from having regard to any of the following matters in exercising its powers and performing its functions under the provision:
 (a) a matter that arose at any time before the FSR commencement;
 (b) a matter that arose during the transition period;
 (c) a matter that arose before a person becomes subject to the amended Corporations Act in relation to:
 (i) all of the person's business; or
 (ii) a particular part of the person's business.
 (2) The provisions are:
 (a) paragraph 913B(1)(b); and
 (b) paragraph 913B(1)(c); and
 (c) subsection 913B(2); and
 (d) subsection 913B(3); and
 (e) paragraph 915C(1)(a); and
 (f) paragraph 915C(1)(aa); and
 (g) paragraph 915C(1)(b); and
 (h) paragraph 920A(1)(b); and
 (i) paragraph 920A(1)(ba); and
 (j) paragraph 920A(1)(e); and
 (k) paragraph 920A(1)(f); and
 (l) regulations made for paragraph 913B(1)(d); and
 (m) subsection 912C(1); and
 (n) subsection 914A(1); and
 (o) paragraphs 915B(1)(a), (b), (c) and (d); and
 (p) paragraphs 915B(2)(a), (b) and (c); and
 (q) paragraphs 915B(3)(a), (b), (c) and (d); and
 (r) paragraphs 915B(4)(a), (b) and (c); and
 (s) paragraph 915C(1)(d); and
 (t) paragraphs 915C(2)(a) and (b); and
 (u) subsection 916G(1); and
 (v) paragraph 920A(1)(bb); and
 (w) paragraph 920A(1)(c); and
 (x) subsection 920D(1).

10.2.91  Power to act in relation to relevant old legislation
 (1) This regulation applies if an instrument or another matter continues in force, after the FSR commencement, in accordance with the relevant old legislation that relates to the instrument or matter.
Examples:
1 A licence.
2 A licence condition.
3 A suspension of a registration.
Note: The relevant old legislation includes the old Corporations Act, associated provisions and, in some cases, other legislation such as the Insurance (Agents and Brokers) Act 1984.
 (2) To avoid doubt:
 (a) ASIC may exercise any of the powers, and perform any of the functions, that ASIC had immediately before the FSR commencement in relation to:
 (i) a person to whom the instrument or matter applies; and
 (ii) a representative of a person mentioned in subparagraph (i); and
 (iii) any other person (including a person described in a capacity that came into existence, or in relation to an event that occurred, after the FSR commencement); and
 (b) paragraph (a) includes the power:
 (i) to issue an instrument; and
 (ii) to execute an instrument.

Division 18—Specific kinds of documents in existence before FSR commencement

10.2.92  Banning