5Interpretation

#### 5 Interpretation (1) In this Act, unless the contrary intention appears: > AASB means the Australian Accounting Standards Board established by section 226. > absent from office, in relation to a holder of an office, means: (a) absent from duty or from Australia; or (b) unable, for any reason, to perform the functions of the office. > Advisory Committee means the Companies and Securities Advisory Committee established by section 145. > affairs, in relation to a body corporate, has the same meaning as in section 232 of the Corporations Law. > APRA means the Australian Prudential Regulation Authority. > assist, in relation to a Commission delegate, means: (a) to perform functions: (i) as a member, officer or employee of the Commission delegate; and (ii) in connection with the Commission delegate’s performance or exercise of a function or power delegated under section 102; or (b) to perform services for the Commission delegate in connection with the Commission delegate’s performance or exercise of a function or power delegated under section 102. > Australia includes any external Territory to which this Act extends. > books includes: (a) a register; (b) financial reports or financial records, however compiled, recorded or stored; (c) a document; (d) banker’s books; and (e) any other record of information. > Chairperson means: (a) except in Part 11 or in relation to the Disciplinary Board—the Chairperson of the Commission; and (b) in Part 11 or in relation to the Disciplinary Board—the Chairperson of the Disciplinary Board. > Commission means the Australian Securities and Investments Commission. > Commission delegate means a person to whom, or a body to which, a function or power is delegated under section 102. > contravention, in relation to a law, includes an ancillary offence relating to an offence against that law. > Convenor means the Convenor of the Advisory Committee. > Corporations Law and Corporations Regulations have the meaning provided for by Parts 2 and 3 of the Corporations Act 1989. > court, except in section 248, includes a tribunal having power to require the production of documents or the answering of questions. > Deputy Chairperson means the Deputy Chairperson of the Commission. > Disciplinary Board means the Companies Auditors and Liquidators Disciplinary Board established by section 202. > eligible employee has the same meaning as in the Superannuation Act 1976. > eligible person, in relation to a person, means a person who: (a) if the first‑mentioned person is a body corporate—is or has been an officer of the body within the meaning of a national scheme law or a corresponding previous law; or (b) in any case: (i) is or has been an employee, agent, banker, solicitor or auditor of; or (ii) is acting, or has acted, in any other capacity on behalf of; the first‑mentioned person. > examination means: (a) in this section, and Part 3 (other than subsection 27(2) and Division 9)—an examination of a person pursuant to a requirement made under section 19; or (b) in subsection 27(2) and Division 9 of Part 3—an examination of a person pursuant to a requirement made under section 19 or a corresponding provision of the ASIC Law of another jurisdiction. > expenses, in relation to an investigation under Division 1 of Part 3, includes costs and expenses incurred in relation to a proceeding begun under section 50 as a result of the investigation. > fail means refuse or fail. > foreign country means: (a) an external Territory to which this Act does not extend; or (b) a country outside Australia and the external Territories; or (c) a part of such a country. > FRC means the Financial Reporting Council established by section 225. > give has: (a) in relation to a document—a meaning affected by section 86; and (b) in relation to information—a meaning affected by section 6. > hearing, in this section and Part 3, means a hearing before the Commission and, in sections 52, 54, 55 and 56, includes a part of such a hearing. > House means a House of the Parliament. > information has a meaning affected by section 6. > international accounting standards means accounting standards made by: (a) the Board of the International Accounting Standards Committee; or (b) another body specified by the regulations. > investigate, in relation to the Commission, means investigate in the course of performing or exercising any of the Commission’s functions and powers. > meeting means: (a) in Part 4—a meeting of the Commission; (b) in Part 9—a meeting of the Advisory Committee; (c) in Part 11—a meeting of the Disciplinary Board. > member means: (a) except in Division 2 of Part 4, in Part 9, 10, 11, 12 or 14, or in relation to a Division, the Advisory Committee, the Panel, the Disciplinary Board, the FRC, the AASB or the Parliamentary Committee—a member of the Commission; (b) in Part 9 or in relation to the Advisory Committee—a member of the Advisory Committee; (c) in Part 10 or in relation to the Panel—a member of the Panel; (d) in Part 11 or in relation to the Disciplinary Board—the Chairperson or any other member of the Disciplinary Board; (e) in relation to the FRC—a member of the FRC; and (ea) in relation to the AASB—a member of the AASB; and (f) in Part 14 or in relation to the Parliamentary Committee—a member of the Parliamentary Committee. > national scheme law means: (a) the following: (i) the Corporations Act 1989; (ii) the Corporations Law of the Capital Territory; (iii) this Act (other than section 12A and Division 2 of Part 2); or (b) a law of another jurisdiction that corresponds to an Act or Law referred to in paragraph (a). > national scheme law of this jurisdiction means an Act or Law referred to in paragraph (a) of the definition of national scheme law in this subsection. > non‑applied provisions means the following provisions of this Act: Part 1 (other than section 6A) Part 2 Section 88 Divisions 1 and 4 of Part 4 Part 5 Part 6 Division 1 of Part 7 Part 8 Part 9 Division 1 of Part 10 Division 1 of Part 11 Part 12 Part 14 Sections 251 and 252. > officer, in relation to a body corporate, includes: (a) a director, secretary, executive officer or employee of the body; (b) a receiver, or a receiver and manager, of property of the body; (ba) an administrator of the body; (bb) an administrator of a deed of company arrangement executed by the body; (c) an official manager, or a deputy official manager, of the body; (d) a liquidator, or a provisional liquidator, of the body; and (e) a trustee or other person administering a compromise or arrangement made between the body and any other person or persons. > Panel means the Corporations and Securities Panel established by section 171. > Panel proceedings means proceedings before the Panel on: (a) an application made to the Panel under the Corporations Law; or (b) a reference of a decision to the Panel for review under the Corporations Law. > Parliamentary Committee means the Parliamentary Joint Committee on Corporations and Securities referred to in section 241. > penalty unit means $100. > power includes an authority. > prescribed means prescribed by this Act or the regulations. > President means the President of the Panel. > proceeding means: (a) a proceeding in a court; or (b) a proceeding or hearing before, or an examination by or before, a tribunal; whether the proceeding, hearing or examination is of a civil, administrative, criminal, disciplinary or other nature. > produce, except in Part 3, includes permit access to. > property means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description and includes a thing in action and money. > record, in relation to an examination, means the whole or a part of a record made under section 24 of statements made at the examination. > regulations means the ASIC Regulations of this jurisdiction. > report includes an interim report. > staff member means: (a) a member of the staff referred to in subsection 120(1) or a person employed under subsection 120(3); (b) a person engaged under subsection 121(1); or (c) any of the officers, employees and persons who under section 122 are to assist the Commission. > statement, in relation to an examination, includes a question asked, an answer given, and any other comment or remark made, at the examination. > superannuation benefits includes: (a) benefits in the nature of superannuation benefits; and (b) benefits similar to benefits provided under the Superannuation Act 1976; and (c) benefits similar to the benefits provided under the Superannuation Act 1990. > Territory means: (a) the Capital Territory; or (b) an external Territory to which this Act extends. > this Act includes the regulations. > this Law includes the regulations. > tribunal means: (a) a tribunal in Australia; or (b) any other body, authority or person in Australia having power, by law or by consent of parties, to hear, receive or examine evidence. > trust money means money the Commission receives or holds on trust. > witness: (a) in relation to a hearing before the Commission, means a person appearing at the hearing to give evidence; or (b) in relation to Panel proceedings, means a person appearing in the proceedings to give evidence. > written record, in relation to an examination, means: (a) a record of the examination: (i) that is made in writing; or (ii) as reduced to writing; or (b) a part of such a record. (2) Subject to this Act, an expression has the same meaning in this Act as in the Corporations Law of the Capital Territory. (3) Except so far as the contrary intention appears in this Act, Parts 1.2 and 1.3 (except section 8) of the Corporations Law apply for the purposes of this Act as if the provisions of this Act were provisions of that Law. (4) This Part, and Parts 1.2 and 1.3 of the Corporations Law as applying because of subsection (3) of this section, have effect to the exclusion of the Acts Interpretation Act 1901. (5) Subject to subsection (4), the Acts Interpretation Act 1901 as amended and in force at the commencement of this subsection applies, and that Act as amended and in force at any later time does not apply, in relation to this Act (other than the non‑applied provisions).