Corporations Act. Australia
if 2 or more persons are appointed under that Part as administrators of the deed — has a meaning affected by paragraph 451B(2)(b).
admit to quotation: financial products are admitted to quotation on a market if the market operator has given unconditional permission for quotation of the financial products on the market.
affairs, in relation to a body corporate, has, in the provisions referred to in section 53, a meaning affected by that section.
affidavit includes affirmation.
agency means an agency, authority, body or person.
AGM means an annual general meeting of a company that section 250N requires to be held.
agreement, in Chapter 6 or 7, means a relevant agreement.
amount includes a nil amount and zero.
ancillary offence, in relation to another offence, means an offence against:
(a) section 5, 6, 7 or 7A of the Crimes Act 1914; or
(b) subsection 86(1) of that Act by virtue of paragraph 86(1)(a) of that Act;
being an offence that is related to that other offence.
annual transparency report has the meaning given by subsection 332A(2).
APRA means the Australian Prudential Regulation Authority.
arbitrage transaction means a purchase or sale of financial products effected in the ordinary course of trading on a financial market together with an offsetting sale or purchase of those financial products effected at the same time, or at as nearly the same time as practicable, in the ordinary course of trading on another financial market for the purpose of obtaining a profit from the difference between the prices of those financial products in the 2 financial markets.
ARBN (short for “Australian Registered Body Number”) is the number given by ASIC to a registrable body on registration under Part 5B.2.
arrangement, in Part 5.1, includes a reorganisation of the share capital of a body corporate by the consolidation of shares of different classes, by the division of shares into shares of different classes, or by both of those methods.
ARSN (short for “Australian Registered Scheme Number”) is the number given by ASIC to a registered scheme on registration (see section 601EB).
ASIC means the Australian Securities and Investments Commission.
ASIC Act means the Australian Securities and Investments Commission Act 2001 and includes the regulations made under that Act.
ASIC database means so much of the national companies database kept by ASIC as consists of:
(a) some or all of a register kept by ASIC under this Act; or
(b) information set out in a document lodged under this Act;
but does not include ASIC’s document imaging system.
assets, in relation to a financial services licensee, means all the licensee’s assets (whether or not used in connection with the licensee’s Australian financial services licence).
associate has the meaning given by sections 10 to 17.
associated entity has the meaning given by section 50AAA.
AUASB means the Auditing and Assurance Standards Board.
audit means an audit conducted for the purposes of this Act and includes a review of a financial report for a financial year or a half‑year conducted for the purposes of this Act.
audit activity: see the definition of engage in audit activity.
audit company means a company that consents to be appointed, or is appointed, as auditor of a company or registered scheme.
audit‑critical employee, in relation to a company, or the responsible entity for a registered scheme, that is the audited body for an audit, means a person who:
(a) is an employee of the company or of the responsible entity for the registered scheme; and
(b) is able, because of the position in which the person is employed, to exercise significant influence over:
(i) a material aspect of the contents of the financial report being audited; or
(ii) the conduct or efficacy of the audit.
audited body, in relation to an audit of a company or registered scheme, means the company or registered scheme in relation to which the audit is, or is to be, conducted.
audit firm means a firm that consents to be appointed, or is appointed, as auditor of a company or registered scheme.
auditing standard means:
(a) a standard in force under section 336; or
(b) a provision of such a standard as it so has effect.
auditor independence requirements of this Act means the requirements of Divisions 3, 4 and 5 of Part 2M.4.
Australia, when used in a geographical sense, does not include an external Territory.
Note: Paragraph 17(a) of the Acts Interpretation Act 1901 would otherwise provide that Australia included the Territory of Christmas Island and the Territory of Cocos (Keeling) Islands.
Australian ADI means:
(a) an ADI (authorised deposit‑taking institution) within the meaning of the Banking Act 1959; and
(b) a person who carries on State banking within the meaning of paragraph 51(xiii) of the Constitution.
Australian bank means an Australian ADI that is permitted under section 66 of the Banking Act 1959 to assume or use:
(a) the word bank, banker or banking; or
(b) any other word (whether or not in English) that is of like import to a word referred to in paragraph (a).
Australian carbon credit unit has the same meaning as in the Carbon Credits (Carbon Farming Initiative) Act 2011.
Australian court means a federal court or a court of a State or Territory.
Australian CS facility licence, when used in a provision outside Chapter 7, has the same meaning as it has in Chapter 7.
Australian derivative trade repository licence, when used in a provision outside Chapter 7, has the same meaning as it has in Chapter 7.
Australian financial services licence, when used in a provision outside Chapter 7, has the same meaning as it has in Chapter 7.
Australian law means a law of the Commonwealth or of a State or Territory.
Australian market licence, when used in a provision outside Chapter 7, has the same meaning as it has in Chapter 7.
Australian register of a foreign company means a branch register of members kept under section 601CM.
authorised audit company means a company registered under Part 9.2A.
bank or banker includes, but is not limited to, a body corporate that is an ADI (authorised deposit‑taking institution) for the purposes of the Banking Act 1959.
banking corporation means a body corporate