Document ID: chunk:federal_register_of_legislation:C2016A00011:schedule:2:p47
Version: federal_register_of_legislation:C2016A00011
Segment Type: schedule
Provision Reference: sch 2 (pt 47/71)
Character Range: 340647–343292

(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: 10 penalty units or imprisonment for 3 months, or both.

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 made the request for the relevant material may apply to the Court for an order that the external administrator give the person or persons all or part of the relevant material.
 (2) If:
 (a) ASIC gives the external administrator a direction under section 70‑70 in relation to all or part of the relevant material; and
 (b) the external administrator does not comply with the direction;
ASIC may apply to the Court for an order that the external administrator comply with the direction.
 (3) On application under subsection (1) or (2), the Court may:
 (a) order the external administrator to give the person, or any or all of the persons, who made the request for the relevant material all or part of that material; and