{"id":"C2004L00084","name":"Australian Securities and Investments Commission Regulations 1990","slug":"australian-securities-and-investments-commission-regulations-1990","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":"454 of 1990","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":25307,"registerId":"commonwealth-C2004L00084-current","compilationNumber":null,"startDate":"2026-04-01","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Australian Securities and Investment Com","sectionType":"schedule","heading":"Australian Securities and Investment Commission Regulations 1990","content":"Schedule 1 Forms\n\n(regulation 2)\n\nForm 1 Notice requiring appearance at an examination or reasonable assistance in connection with an investigation\n\n(regulation 4)\n\n## Australian Securities and Investment Commission Regulations 1990\n\n## Australian Securities and Investments Commission\n\n## NOTICE REQUIRING APPEARANCE AT AN EXAMINATION OR REASONABLE ASSISTANCE IN CONNECTION WITH AN INVESTIGATION\n\nTo: 1\n\nIn relation to an investigation of 2\n\nyou are hereby notified that under subsection 19 (2) of the ASC Law you are required:\n\n(a) to appear at 3 on\n\n4 at\n\n5 before 6\n\nfor examination on oath or affirmation and to answer questions put to you in relation to the investigation; and\n\n(b) to give the Australian Securities and Investments Commission all reasonable assistance in connection with the investigation.\n\nPlease note the provisions of subsection 23 (1) of the ASC Law (relating to legal representation) and section 68 of the ASC Law (relating to self‑incrimination). The effect of those provisions is set out at the end of this form.\n\nDated 4.\n\nSignature of person authorised\n\nby the Commission to conduct the\n\nexamination:\n\nNOTICE OF RELEVANT STATUTORY PROVISIONS\n\n1. Subsection 23 (1) of the ASC Law provides that a person who is required to submit to an examination is entitled to have his or her lawyer attend the examination. It also provides that the person’s lawyer may address the inspector or ask the person questions about matters raised with the person by the inspector.\n\n2. (1) You must not fail to comply with this notice without reasonable excuse (see subsection 63 (1) of the ASC Law).\n\n(2) It is not a reasonable excuse for failure to comply with this notice that giving information or signing a record or producing a book might tend to incriminate you or expose you to a penalty (see subsection 68 (1) of the ASC Law).\n\n(3) However, if:\n\n(a) before making an oral statement or signing a record in answer to this notice you claim that making the statement or signing the record might tend to incriminate you or expose you to a penalty; and\n\n(b) making the statement or signing the record might in fact tend to incriminate you or expose you to a penalty;\n\nthe statement, or the fact that you have signed the record, is not admissible in evidence in any criminal proceedings, or proceedings for the imposition of a penalty, against you other than proceedings in respect of the falsity of the statement or the record.\n\n(4) The right to make a claim of this kind is not available to a body corporate (see subsections 68 (2) and (3) of the ASC Law).\n\n> Note: 1 insert full name and address of the person to whom the notice is to be given\n\n> Note: 2 insert the nature of the matter to which the investigation relates\n\n> Note: 3 insert time of day\n\n> Note: 4 insert date\n\n> Note: 5 insert full particulars of the address of the place at which the requirement is to be satisfied\n\n> Note: 6 insert full name of the person conducting the examination\n\nForm 2 Notice requiring the production of books\n\n(regulation 5)\n\n## Australian Securities and Investment Commission Regulations 1990\n\n## Australian Securities and Investments Commission\n\n## NOTICE REQUIRING THE PRODUCTION OF BOOKS\n\nTo: 1\n\nIn relation to 2\n\nyou are hereby notified that, under section 303/subsection 31 (1)3/subsection 32 (1)3/section 32A3/section 333 of the ASC Law you are required to produce to\n\n4 at 5\n\non 6 at 7\n\nthe following books:\n\n8\n\nDated 6.\n\nSignature of the person requiring\n\nthe production of books:\n\n> Note: 1 insert full name and address of the person to whom the notice is to be given\n\n> Note: 2 insert the nature of the matter to which the request for production of books relates\n\n> Note: 3 strike out or delete if inapplicable\n\n> Note: 4 insert the full name of the person to whom the books are to be produced\n\n> Note: 5 insert time of day\n\n> Note: 6 insert date\n\n> Note: 7 insert full particulars of the address of the place at which the books are to be produced\n\n> Note: 8 insert description(s) of the books that are to be produced\n\nForm 3 Summons to witness\n\n(regulations 7, 11 and 42)\n\n## Australian Securities and Investment Commission Regulations 1990\n\n## Australian Securities and Investments Commission\n\n## SUMMONS TO WITNESS\n\nIn the matter of 1\n\nTo: 2\n\nat 4you are hereby summoned to appear before the Australian Securities and Investments Commission3/Corporations and Securities Panel3/Companies Auditors and Liquidators Disciplinary Board3\n\non 5\n\nat 6 and thereafter to attend from day to day until the hearing in this matter is completed or you are excused or released from further attendance by a member of the Commission3/Panel3/Board3.\n\n3You are required to produce the following document(s) at the hearing:\n\n7\n\nDated 4.\n\nSignature of person authorised by\n\nthe Commission3/Panel3/Board3 to issue summons:\n\n> Note: 1 insert description of matter\n\n> Note: 2 insert full name and address of the person to be summoned to appear\n\n> Note: 3 strike out or delete if inapplicable\n\n> Note: 4 insert time of day\n\n> Note: 5 insert date\n\n> Note: 6 insert full particulars of the address of the place where the hearing is to be held\n\n> Note: 7 insert description(s) of the documents that are to be produced at the hearing\n\nSchedule 2 Witnesses fees and allowances for expenses\n\n(regulations 8, 12 and 43)\n\n1. A person summoned to appear as a witness, because of his or her professional, scientific or other special skill or knowledge, before the Commission, the Panel or the Board must be paid:\n\n(a) if the person is remunerated in his or her occupation by wages, salary or fees — an amount equal to the amount of wages, salary or fees not paid to the person because of his or her attendance for that purpose; and\n\n(b) in any other case — an amount of not less than $81, or more than $407, for each day on which he or she so attends.\n\n2. A person summoned to appear as a witness, other than a witness referred to in item 1, before the Commission, the Panel or the Board must be paid:\n\n(a) if the person is remunerated in his or her occupation by wages, salary or fees — an amount equal to the amount of wages, salary or fees not paid to the person because of his or her attendance for that purpose; and\n\n(b) in any other case — an amount of not less than $46, or more than $76, for each day on which he or she so attends.\n\n3. A person summoned to appear as a witness before the Commission, the Panel or the Board must be paid a reasonable amount for allowances for:\n\n(a) transport between the usual place of residence of the person and the place that he or she attends for that purpose; and\n\n(b) if he or she is required to be absent overnight from his or her usual place of residence — meals and accommodation during the absence.\n\nSchedule 3 Bodies corporate to which information may be disclosed\n\n(regulation 8A)\n\nASX Futures Exchange Pty Ltd\n\nASX Settlement and Transfer Corporation Pty Ltd\n\nAustralian Stock Exchange Limited\n\nOptions Clearing House Pty Limited\n\nSydney Futures Exchange Clearing House Pty Limited\n\nSydney Futures Exchange Limited","sortOrder":0},{"sectionNumber":"Australian Securities and Investments Co","sectionType":"schedule","heading":"Australian Securities and Investments Commission","content":"Schedule 1 Forms\n\n(regulation 2)\n\nForm 1 Notice requiring appearance at an examination or reasonable assistance in connection with an investigation\n\n(regulation 4)\n\n## Australian Securities and Investment Commission Regulations 1990\n\n## Australian Securities and Investments Commission\n\n## NOTICE REQUIRING APPEARANCE AT AN EXAMINATION OR REASONABLE ASSISTANCE IN CONNECTION WITH AN INVESTIGATION\n\nTo: 1\n\nIn relation to an investigation of 2\n\nyou are hereby notified that under subsection 19 (2) of the ASC Law you are required:\n\n(a) to appear at 3 on\n\n4 at\n\n5 before 6\n\nfor examination on oath or affirmation and to answer questions put to you in relation to the investigation; and\n\n(b) to give the Australian Securities and Investments Commission all reasonable assistance in connection with the investigation.\n\nPlease note the provisions of subsection 23 (1) of the ASC Law (relating to legal representation) and section 68 of the ASC Law (relating to self‑incrimination). The effect of those provisions is set out at the end of this form.\n\nDated 4.\n\nSignature of person authorised\n\nby the Commission to conduct the\n\nexamination:\n\nNOTICE OF RELEVANT STATUTORY PROVISIONS\n\n1. Subsection 23 (1) of the ASC Law provides that a person who is required to submit to an examination is entitled to have his or her lawyer attend the examination. It also provides that the person’s lawyer may address the inspector or ask the person questions about matters raised with the person by the inspector.\n\n2. (1) You must not fail to comply with this notice without reasonable excuse (see subsection 63 (1) of the ASC Law).\n\n(2) It is not a reasonable excuse for failure to comply with this notice that giving information or signing a record or producing a book might tend to incriminate you or expose you to a penalty (see subsection 68 (1) of the ASC Law).\n\n(3) However, if:\n\n(a) before making an oral statement or signing a record in answer to this notice you claim that making the statement or signing the record might tend to incriminate you or expose you to a penalty; and\n\n(b) making the statement or signing the record might in fact tend to incriminate you or expose you to a penalty;\n\nthe statement, or the fact that you have signed the record, is not admissible in evidence in any criminal proceedings, or proceedings for the imposition of a penalty, against you other than proceedings in respect of the falsity of the statement or the record.\n\n(4) The right to make a claim of this kind is not available to a body corporate (see subsections 68 (2) and (3) of the ASC Law).\n\n> Note: 1 insert full name and address of the person to whom the notice is to be given\n\n> Note: 2 insert the nature of the matter to which the investigation relates\n\n> Note: 3 insert time of day\n\n> Note: 4 insert date\n\n> Note: 5 insert full particulars of the address of the place at which the requirement is to be satisfied\n\n> Note: 6 insert full name of the person conducting the examination\n\nForm 2 Notice requiring the production of books\n\n(regulation 5)\n\n## Australian Securities and Investment Commission Regulations 1990\n\n## Australian Securities and Investments Commission\n\n## NOTICE REQUIRING THE PRODUCTION OF BOOKS\n\nTo: 1\n\nIn relation to 2\n\nyou are hereby notified that, under section 303/subsection 31 (1)3/subsection 32 (1)3/section 32A3/section 333 of the ASC Law you are required to produce to\n\n4 at 5\n\non 6 at 7\n\nthe following books:\n\n8\n\nDated 6.\n\nSignature of the person requiring\n\nthe production of books:\n\n> Note: 1 insert full name and address of the person to whom the notice is to be given\n\n> Note: 2 insert the nature of the matter to which the request for production of books relates\n\n> Note: 3 strike out or delete if inapplicable\n\n> Note: 4 insert the full name of the person to whom the books are to be produced\n\n> Note: 5 insert time of day\n\n> Note: 6 insert date\n\n> Note: 7 insert full particulars of the address of the place at which the books are to be produced\n\n> Note: 8 insert description(s) of the books that are to be produced\n\nForm 3 Summons to witness\n\n(regulations 7, 11 and 42)\n\n## Australian Securities and Investment Commission Regulations 1990\n\n## Australian Securities and Investments Commission\n\n## SUMMONS TO WITNESS\n\nIn the matter of 1\n\nTo: 2\n\nat 4you are hereby summoned to appear before the Australian Securities and Investments Commission3/Corporations and Securities Panel3/Companies Auditors and Liquidators Disciplinary Board3\n\non 5\n\nat 6 and thereafter to attend from day to day until the hearing in this matter is completed or you are excused or released from further attendance by a member of the Commission3/Panel3/Board3.\n\n3You are required to produce the following document(s) at the hearing:\n\n7\n\nDated 4.\n\nSignature of person authorised by\n\nthe Commission3/Panel3/Board3 to issue summons:\n\n> Note: 1 insert description of matter\n\n> Note: 2 insert full name and address of the person to be summoned to appear\n\n> Note: 3 strike out or delete if inapplicable\n\n> Note: 4 insert time of day\n\n> Note: 5 insert date\n\n> Note: 6 insert full particulars of the address of the place where the hearing is to be held\n\n> Note: 7 insert description(s) of the documents that are to be produced at the hearing\n\nSchedule 2 Witnesses fees and allowances for expenses\n\n(regulations 8, 12 and 43)\n\n1. A person summoned to appear as a witness, because of his or her professional, scientific or other special skill or knowledge, before the Commission, the Panel or the Board must be paid:\n\n(a) if the person is remunerated in his or her occupation by wages, salary or fees — an amount equal to the amount of wages, salary or fees not paid to the person because of his or her attendance for that purpose; and\n\n(b) in any other case — an amount of not less than $81, or more than $407, for each day on which he or she so attends.\n\n2. A person summoned to appear as a witness, other than a witness referred to in item 1, before the Commission, the Panel or the Board must be paid:\n\n(a) if the person is remunerated in his or her occupation by wages, salary or fees — an amount equal to the amount of wages, salary or fees not paid to the person because of his or her attendance for that purpose; and\n\n(b) in any other case — an amount of not less than $46, or more than $76, for each day on which he or she so attends.\n\n3. A person summoned to appear as a witness before the Commission, the Panel or the Board must be paid a reasonable amount for allowances for:\n\n(a) transport between the usual place of residence of the person and the place that he or she attends for that purpose; and\n\n(b) if he or she is required to be absent overnight from his or her usual place of residence — meals and accommodation during the absence.\n\nSchedule 3 Bodies corporate to which information may be disclosed\n\n(regulation 8A)\n\nASX Futures Exchange Pty Ltd\n\nASX Settlement and Transfer Corporation Pty Ltd\n\nAustralian Stock Exchange Limited\n\nOptions Clearing House Pty Limited\n\nSydney Futures Exchange Clearing House Pty Limited\n\nSydney Futures Exchange Limited","sortOrder":1},{"sectionNumber":"NOTICE REQUIRING APPEARANCE AT AN EXAMIN","sectionType":"schedule","heading":"NOTICE REQUIRING APPEARANCE AT AN EXAMINATION OR REASONABLE ASSISTANCE IN CONNECTION WITH AN INVESTIGATION","content":"## NOTICE REQUIRING APPEARANCE AT AN EXAMINATION OR REASONABLE ASSISTANCE IN CONNECTION WITH AN INVESTIGATION\n\nTo: 1\n\nIn relation to an investigation of 2\n\nyou are hereby notified that under subsection 19 (2) of the ASC Law you are required:\n\n(a) to appear at 3 on\n\n4 at\n\n5 before 6\n\nfor examination on oath or affirmation and to answer questions put to you in relation to the investigation; and\n\n(b) to give the Australian Securities and Investments Commission all reasonable assistance in connection with the investigation.\n\nPlease note the provisions of subsection 23 (1) of the ASC Law (relating to legal representation) and section 68 of the ASC Law (relating to self‑incrimination). The effect of those provisions is set out at the end of this form.\n\nDated 4.\n\nSignature of person authorised\n\nby the Commission to conduct the\n\nexamination:\n\nNOTICE OF RELEVANT STATUTORY PROVISIONS\n\n1. Subsection 23 (1) of the ASC Law provides that a person who is required to submit to an examination is entitled to have his or her lawyer attend the examination. It also provides that the person’s lawyer may address the inspector or ask the person questions about matters raised with the person by the inspector.\n\n2. (1) You must not fail to comply with this notice without reasonable excuse (see subsection 63 (1) of the ASC Law).\n\n(2) It is not a reasonable excuse for failure to comply with this notice that giving information or signing a record or producing a book might tend to incriminate you or expose you to a penalty (see subsection 68 (1) of the ASC Law).\n\n(3) However, if:\n\n(a) before making an oral statement or signing a record in answer to this notice you claim that making the statement or signing the record might tend to incriminate you or expose you to a penalty; and\n\n(b) making the statement or signing the record might in fact tend to incriminate you or expose you to a penalty;\n\nthe statement, or the fact that you have signed the record, is not admissible in evidence in any criminal proceedings, or proceedings for the imposition of a penalty, against you other than proceedings in respect of the falsity of the statement or the record.\n\n(4) The right to make a claim of this kind is not available to a body corporate (see subsections 68 (2) and (3) of the ASC Law).\n\n> Note: 1 insert full name and address of the person to whom the notice is to be given\n\n> Note: 2 insert the nature of the matter to which the investigation relates\n\n> Note: 3 insert time of day\n\n> Note: 4 insert date\n\n> Note: 5 insert full particulars of the address of the place at which the requirement is to be satisfied\n\n> Note: 6 insert full name of the person conducting the examination\n\nForm 2 Notice requiring the production of books\n\n(regulation 5)","sortOrder":2},{"sectionNumber":"NOTICE REQUIRING THE PRODUCTION OF BOOKS","sectionType":"schedule","heading":"NOTICE REQUIRING THE PRODUCTION OF BOOKS","content":"## NOTICE REQUIRING THE PRODUCTION OF BOOKS\n\nTo: 1\n\nIn relation to 2\n\nyou are hereby notified that, under section 303/subsection 31 (1)3/subsection 32 (1)3/section 32A3/section 333 of the ASC Law you are required to produce to\n\n4 at 5\n\non 6 at 7\n\nthe following books:\n\n8\n\nDated 6.\n\nSignature of the person requiring\n\nthe production of books:\n\n> Note: 1 insert full name and address of the person to whom the notice is to be given\n\n> Note: 2 insert the nature of the matter to which the request for production of books relates\n\n> Note: 3 strike out or delete if inapplicable\n\n> Note: 4 insert the full name of the person to whom the books are to be produced\n\n> Note: 5 insert time of day\n\n> Note: 6 insert date\n\n> Note: 7 insert full particulars of the address of the place at which the books are to be produced\n\n> Note: 8 insert description(s) of the books that are to be produced\n\nForm 3 Summons to witness\n\n(regulations 7, 11 and 42)","sortOrder":5},{"sectionNumber":"SUMMONS TO WITNESS","sectionType":"schedule","heading":"SUMMONS TO WITNESS","content":"## SUMMONS TO WITNESS\n\nIn the matter of 1\n\nTo: 2\n\nat 4you are hereby summoned to appear before the Australian Securities and Investments Commission3/Corporations and Securities Panel3/Companies Auditors and Liquidators Disciplinary Board3\n\non 5\n\nat 6 and thereafter to attend from day to day until the hearing in this matter is completed or you are excused or released from further attendance by a member of the Commission3/Panel3/Board3.\n\n3You are required to produce the following document(s) at the hearing:\n\n7\n\nDated 4.\n\nSignature of person authorised by\n\nthe Commission3/Panel3/Board3 to issue summons:\n\n> Note: 1 insert description of matter\n\n> Note: 2 insert full name and address of the person to be summoned to appear\n\n> Note: 3 strike out or delete if inapplicable\n\n> Note: 4 insert time of day\n\n> Note: 5 insert date\n\n> Note: 6 insert full particulars of the address of the place where the hearing is to be held\n\n> Note: 7 insert description(s) of the documents that are to be produced at the hearing\n\nSchedule 2 Witnesses fees and allowances for expenses\n\n(regulations 8, 12 and 43)\n\n1. A person summoned to appear as a witness, because of his or her professional, scientific or other special skill or knowledge, before the Commission, the Panel or the Board must be paid:\n\n(a) if the person is remunerated in his or her occupation by wages, salary or fees — an amount equal to the amount of wages, salary or fees not paid to the person because of his or her attendance for that purpose; and\n\n(b) in any other case — an amount of not less than $81, or more than $407, for each day on which he or she so attends.\n\n2. A person summoned to appear as a witness, other than a witness referred to in item 1, before the Commission, the Panel or the Board must be paid:\n\n(a) if the person is remunerated in his or her occupation by wages, salary or fees — an amount equal to the amount of wages, salary or fees not paid to the person because of his or her attendance for that purpose; and\n\n(b) in any other case — an amount of not less than $46, or more than $76, for each day on which he or she so attends.\n\n3. A person summoned to appear as a witness before the Commission, the Panel or the Board must be paid a reasonable amount for allowances for:\n\n(a) transport between the usual place of residence of the person and the place that he or she attends for that purpose; and\n\n(b) if he or she is required to be absent overnight from his or her usual place of residence — meals and accommodation during the absence.\n\nSchedule 3 Bodies corporate to which information may be disclosed\n\n(regulation 8A)\n\nASX Futures Exchange Pty Ltd\n\nASX Settlement and Transfer Corporation Pty Ltd\n\nAustralian Stock Exchange Limited\n\nOptions Clearing House Pty Limited\n\nSydney Futures Exchange Clearing House Pty Limited\n\nSydney Futures Exchange Limited","sortOrder":8}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-realtime","completionTokens":2199},"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: providing procedural templates and administrative details to support ASIC's investigative powers under the parent Act. The content covers standard regulatory implementation (forms, fees, disclosure permissions) without evidence of scope creep into substantive policy areas."},"complexity_factors":["Multiple cross-references to parent Act provisions (sections 19, 23, 63, 68, 303, 31, 32, 32A, 33)","Conditional fields in forms requiring completion instructions (e.g., 'strike out or delete if inapplicable')","Tiered fee calculation methodology distinguishing between expert witnesses, ordinary witnesses, salaried employees, and self-employed persons","Archaic legislative terminology ('ASC Law', 'books' meaning documents/records)","Nested conditional logic in self-incrimination warnings (exceptions to the general rule that answers are inadmissible)"],"plain_english_summary":"These regulations set out the practical “paperwork rules” that let ASIC compel attendance, testimony and production of documents using three formal notices, specify witness fees and travel allowances, and authorize sharing confidential investigation information with certain stock-exchange bodies. They shape how investigations are carried out, ensure witnesses are informed of legal rights and compensated, and permit ASIC to coordinate with exchanges when probing companies and financial markets."}},"importantCases":[],"_links":{"self":"/api/acts/australian-securities-and-investments-commission-regulations-1990","history":"/api/acts/australian-securities-and-investments-commission-regulations-1990/history","analysis":"/api/acts/australian-securities-and-investments-commission-regulations-1990/analysis","conflicts":"/api/acts/australian-securities-and-investments-commission-regulations-1990/conflicts","importantCases":"/api/acts/australian-securities-and-investments-commission-regulations-1990/important-cases","documents":"/api/acts/australian-securities-and-investments-commission-regulations-1990/documents"}}