150Regulations

##### 150 Regulations (1) The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act, and, in particular, matters for or in relation to: (a) the forms to be used for the purposes of this Act; (b) the publication of advertisements offering the services of dealers or investment advisers or offering securities for purchase or sale, and the form and content of those advertisements; (c) the form of balance sheets and profit and loss accounts required by this Act to be prepared by dealers; (d) the furnishing to the Commission of information in addition to, or in variation of, the information contained in a prescribed form lodged with it; (e) the manner in which, the persons by whom, and the directions in accordance with which, the prescribed forms, or any of them, shall or may be signed, prepared or completed, and the regulation generally of the signing, preparation and completion of those forms or any of them; (f) the times within which information required to be furnished to the Commission pursuant to this Act shall be so furnished; and (g) the manner in which: (i) orders made under this Act may be served on persons affected by the orders; and (ii) documents that are required or permitted by this Act to be served on a person may be so served. (1A) The regulations: (a) may prescribe offences against this Act (not being offences the penalties applicable to which include a term of imprisonment or a pecuniary penalty that exceeds $1,000), or offences against the regulations, for the purposes of section 141A; and (b) shall, in relation to each offence that is prescribed pursuant to this subsection: (i) prescribe the particulars of that offence that are to be given in a notice served on a person under section 141A in relation to the offence; and (ii) prescribe the amount of the penalty (being an amount that does not exceed half the amount of the penalty applicable to the offence) that is payable in respect of the offence pursuant to a notice served on a person under section 141A in relation to the offence. (1B) In subsection (1A), a reference to a penalty applicable to an offence is a reference to the penalty that is applicable to that offence by virtue of any of the provisions of section 141. (1C) The particulars of an offence required to be prescribed by subparagraph (1A)(b) (i) may be prescribed by being set out in the form prescribed for the purposes of section 141A in relation to the offence. (2) The regulations may provide that, subject to any prescribed terms and conditions, the provisions of this Act or any of those provisions: (a) do not have effect in relation to a specified person or to a person who is a member of a specified class of persons: (i) who is or may be a dealer or investment adviser by reason only of his doing anything that is incidental to another business; (ii) who does not deal in securities for or on behalf of any other person; or (iii) who is a dealer or investment adviser by reason only of the entering into by him of any specified transaction or class of transactions; (b) do not have effect in relation to the representative of a person referred to in paragraph (a); (c) have effect in relation to a person referred to in paragraph (a) or (b) to such extent only as is prescribed; (ca) do not have effect in relation to a specified transaction or class of transactions; or (d) do not have effect in relation to a specified transaction or class of transactions entered into by a specified person or class of persons. (3) Except as otherwise expressly provided in this Act, the regulations may be of general or specially limited application or may differ according to differences in time, locality, place or circumstance. (4) Regulations for the purposes of subsection 19(11) may be made by reference to a scale of expenses for witnesses who attend before a court specified in the regulations, being a federal court or the Supreme Court of a State or Territory. (5) The power of the Governor‑General to make regulations shall be exercised only in accordance with advice that is consistent with resolutions of the Ministerial Council.