Section 994H — Corporations Act 2001 (Cth)

(1) ASIC may, in writing, require:

(a) a person who makes, or is required by this Part to make, a target market determination for a financial product; or

(b) a regulated person who engages in retail product distribution conduct in relation to a financial product;

to provide ASIC with distribution information, relating to the financial product, that is in the person’s possession or to which the person has access.

(2) ASIC may, in writing, require a person who makes, or is required by this Part to make, a target market determination for a financial product to provide records referred to in subsection 994F(1) relating to the product.

(3) A person who is required by ASIC to provide it with distribution information or records under subsection (1) or (2) must comply with the requirement:

(a) by the date specified by ASIC in the requirement; or

(b) if no date is so specified, within 10 business days after the day the person is notified by ASIC of the requirement in subsection (1) or (2).

Note 1: Failure to comply with this subsection is an offence (see subsection 1311(1)).

Note 2: This subsection is also a civil penalty provision (see section 1317E). For relief from liability to a civil penalty relating to this subsection, see section 1317S.

Related sections

• s 994E — Reasonable steps to ensure consistency with target market determinations
• s 994F — Record keeping and notification obligations
• s 994G — Notice to ASIC
• s 994J — Stop orders
• s 994L — Exemptions and modifications by ASIC
• s 994M — Civil liability

Research how courts apply s 994H

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