Document ID: chunk:federal_register_of_legislation:F2024C01249:reg:15:p33
Version: federal_register_of_legislation:F2024C01249
Segment Type: reg
Provision Reference: reg 15 (pt 33/73)
Character Range: 1770329–1773046

the effect it had under the old Corporations Act.

10.2.95  Undertakings
 (1) This regulation applies if:
 (a) an undertaking was in force under section 93AA or 93A of the Australian Securities and Investments Commission Act 2001 immediately before the FSR commencement; and
 (b) the conduct or matter to which the undertaking relates:
 (i) is not described in the same terms in the amended Corporations Act; or
 (ii) is regulated in a different way under the amended Corporations Act.
 (2) On and after the FSR commencement, the undertaking continues in force, to the extent practicable to allow it to apply in relation to the conduct or matter:
 (a) as it is described on and after the FSR commencement; and
 (b) as it is regulated on and after the FSR commencement.
 (3) For subregulation (2), nothing in the relevant old legislation (including the Australian Securities and Investments Commission Act 2001) prevents ASIC from:
 (a) drafting or amending the terms of an undertaking; or
 (b) issuing a notice to a person; or
 (c) taking any other action permitted by section 93AA or 93A of that Act;
for the purpose of ensuring that the undertaking has the same effect under the amended Corporations Act as it had under the old Corporations Act, or an effect equivalent to the effect it had under the old Corporations Act.

10.2.96  Registers in existence before FSR commencement
 (1) Subject to subregulation (3), this regulation applies if:
 (a) a register was in existence, or was required to be in existence, under the relevant old legislation:
 (i) before the FSR commencement; or
 (ii) after the FSR commencement, but before the amended Corporations Act began to apply to a person's activities; and
 (b) the register:
 (i) is required to be maintained, after the FSR commencement, by a law other than this regulation; or
 (ii) would have been required to be maintained, after the FSR commencement, by a provision of the relevant old legislation if the provision had continued in operation after the FSR commencement.
 (2) To avoid doubt:
 (a) the person responsible for maintaining the register may exercise any of the powers, and perform any of the functions, that the person had immediately before the FSR commencement in relation to:
 (i) a person whose details appear in the register; and
 (ii) any other person to whom the register relates (including a person described in a capacity that came into existence after the FSR commencement); and
 (b) paragraph (a) includes the power:
 (i) to amend the register; and
 (ii) to include new information in the register; and
 (c) this regulation does not impose any obligation on the person to exercise any of the powers or perform any of the functions.
 (3) The