Section 828H — Corporations Act 2001 (Cth)

In considering whether to make a CS services rule, ASIC:

(a) must have regard to:

(i) the likely effect of the proposed rule on the Australian economy, and on the efficiency, integrity and stability of the Australian financial system; and

(ii) the likely regulatory impact of the proposed rule; and

(iii) the likely effect of the proposed rule on the safety, fairness and effectiveness of competition in the provision of CS services; and

(iv) if the proposed rule will impose requirements in relation to a CS service—the structure of the market for the provision of the CS service; and

(b) must have regard to the matters (if any) raised by the ACCC or the Reserve Bank in consultations mentioned in paragraph 828J(1)(b); and

(c) may have regard to any other matters that ASIC considers relevant.

Note: Matters that ASIC may have regard to under paragraph (c) may, for example, include any relevant international standards and international commitments.

Related sections

• s 828E — Alternatives to civil proceedings
• s 828F — Failure to comply with CS services rules does not invalidate transaction etc.
• s 828G — ASIC’s power to give directions to person not complying with obligations
• s 828J — ASIC to consult before making rules
• s 828K — Ministerial consent to rules required
• s 828L — Emergency rules: consultation and consent not required

Research how courts apply s 828H

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