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National Consumer Credit Protection Act 2009
215Guide to this Part
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215 Guide to this Part
This Part deals with the lodging of documents with ASIC. It also has offences relating to making false statements in documents.
Division 2 deals with how documents are lodged with ASIC and the approved forms in which the documents must be lodged. It also deals with ASIC’s power to refuse to receive documents (in which case, the documents will not be treated as having been lodged with ASIC).
Division 3 deals with ASIC’s register of documents that have been lodged with ASIC.
Division 4 has other provisions relating to documents (such as offences for making false statements in documents lodged with ASIC or required for the purposes of this Act).
Division 2—Lodgment of documents with ASIC
216 When documents are lodged with ASIC
(1) A document is lodged with ASIC under this Act if the document:
(a) is transmitted to ASIC in an electronic format approved by ASIC; or
(b) if ASIC approves another manner for the lodgment of a document with ASIC—is given to ASIC in that manner.
(2) However, a document is not lodged with ASIC under this Act if ASIC refuses to receive the document under subsection 218(1).
Note: Subsection 232(3) provides for when a compliance certificate under section 53 is taken not to be lodged with ASIC.
(3) If a document is lodged with ASIC, then any other material that is lodged with the document as required by this Act or an approved form is taken to be included in that document.
Note: For example, this subsection means that a person will contravene section 225 if the person makes a false or misleading statement in the other material.