Section 901H — Corporations Act 2001 (Cth)

In considering whether to make a derivative transaction 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) if the transactions to which the proposed rule would relate would be or include transactions relating to commodity derivatives—the likely impact of the proposed rule on any Australian market or markets on which the commodities concerned may be traded; and

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

Note: Matters that ASIC may have regard to under paragraph (b) may, for example, include:

(a) any relevant international standards and international commitments; and

(b) matters raised in consultations (if any) under section 901J.

Related sections

• s 901E — Obligation to comply with derivative transaction rules
• s 901F — Alternatives to civil proceedings
• s 901G — Failure to comply with derivative transaction rules does not invalidate transaction etc.
• s 901J — ASIC to consult before making rules
• s 901K — Ministerial consent to rules required
• s 901L — Emergency rules: consultation and consent not required

Research how courts apply s 901H

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