Document ID: chunk:federal_register_of_legislation:F2024C01108:front:0:p4
Version: federal_register_of_legislation:F2024C01108
Segment Type: other
Provision Reference: 
Character Range: 12833–15586

the Market Participant in respect of which the decision by ASIC was made;
(f)     in relation to paragraphs (m) to (p):
 1.          the Trading Participant in respect of which the decision by ASIC was made;
(g)     in relation to paragraphs (q) to (y):
 1.          the Market operator in respect of which the decision by ASIC was made.
(3) In this Rule:
        decision and Tribunal have the same meaning as in the Administrative Review Tribunal Act 2024.

1.1.9  Notice of reviewable decision and review rights
(1) This Rule applies if ASIC makes a decision to which Rule 1.1.8 applies.
(2) ASIC must take such steps as are reasonable in the circumstances to give to each person who may make an application for review of the decision under Rule 1.1.8 notice, in writing or otherwise:
(a)        of the making of the decision; and
(b)       of the person's right to have the decision reviewed by the Tribunal.
(3) A failure to comply with this Rule does not affect the validity of the decision.

Part 1.2 Waiver

1.2.1 Waiver of Rules

     (1) Subject to Rule 1.2.3, ASIC may, by legislative instrument, relieve any person or class of persons from the obligation to comply with a provision of these Rules, either generally or in a particular case or category, and either unconditionally or subject to such conditions as ASIC thinks fit.

     (2) If any conditions on a waiver given under subrule (1) are imposed, all of the conditions must be complied with for the waiver to be effective.

     (3) ASIC may withdraw, by legislative instrument, a waiver given under subrule (1) at any time.

     (4) Any request by a person for a waiver under subrule (1) must be in writing.

           Note: Legislative instruments made under this rule are available on the Federal Register of Legislation. The register may be accessed at www.legislation.gov.au.

1.2.2 Compliance with conditions
Failure to comply with a condition imposed under Rule 1.2.1 is a contravention of this Rule.

1.2.3 Period during which relief applies
ASIC may specify the period or specific event during which any relief from an obligation to comply with a provision of these Rules may apply.

1.2.4 Register
(1) ASIC may establish and maintain a register for recording details of relief granted under Rule 1.2.1 and may enter the following details in the register:
 1.         the date that the relief takes effect;
(b)       the person or class of persons relieved from the obligation;
(c)        the provision to which the relief applies;
(d)       brief reasons for the relief; and
(e)        any conditions that apply to the relief.
(2) ASIC may publish the register referred to in subrule (1).

Part 1.3 Notice, notification and service of documents

1.3.1 Market Participant