Section 1705D — Corporations Act 2001 (Cth)

(1) This section applies to an application for an Australian CS facility licence if:

(a) the application is lodged under section 824A as in force before the commencement time; and

(b) before the commencement time, the Minister had not made a decision under section 824B in relation to the application.

(2) This Act, as in force immediately before the commencement time, (the old Act) continues to apply, at and after the commencement time, in relation to the application despite the amendments made by Part 1 of the amending Schedule.

(3) However, if at or after the commencement time, the Minister decides the application by granting a licence under section 824B of the old Act, the licence is taken to be (and may be dealt with as if it were) granted as follows:

(a) if the licence is granted under subsection 824B(1) of the old Act—as if the licence had been granted under subsection 824B(1) as amended by Part 1 of the amending Schedule;

(b) if the licence is granted under subsection 824B(2) of the old Act—as if the licence had been granted under subsection 824B(2) as amended by Part 1 of the amending Schedule.

Related sections

• s 1705A — Application of amendments—applications for Australian CS facility licences
• s 1705B — Transitional—Australian CS facility licences in force before the commencement time
• s 1705C — Transitional—Australian CS facility licences in force before the commencement time for operating overseas clearing and settlement facilities
• s 1705E — Application of amendments—suspension or cancellation of licences
• s 1705F — Transitional—prescribed financial markets to be declared financial markets
• s 1705G — Translation of references to prescribed financial markets in instruments

Research how courts apply s 1705D

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.