Mutual Assistance in Business Regulation Regulations 1992 (Cth)

Mutual Assistance in Business Regulation Regulations 1992

Statutory Rules 1992 No. 331 as amended

made under the

Mutual Assistance in Business Regulation Act 1992

This compilation was prepared on 13 December 2012 taking into account amendments up to SLI 2012 No. 312

Prepared by the Office of Parliamentary Counsel, Canberra

Contents

1 Name of regulations [see Note 1] 2 Commencement [see Note 1] 3 Definition 4 Commonwealth regulators 5 Information to be provided by foreign regulators 6 Notices by a Commonwealth regulator 7 Prescribed allowances

Schedule 1 Forms Form 1 Notice under section 10 of the Act to give information, to produce documents or to appear in order to give evidence and produce documents

Notes

1 Name of regulations [see Note 1]

These Regulations are the Mutual Assistance in Business Regulation Regulations 1992.

2 Commencement [see Note 1]

These Regulations commence on the date of commencement of the Act.

3 Definition

In these Regulations:

Act means the Mutual Assistance in Business Regulation Act 1992.

Note For the definitions of the following terms, see subsection 3 (1) of the Act:  foreign business law  foreign regulator  foreign request.

4 Commonwealth regulators

For the purposes of the definition of Commonwealth regulator in subsection 3 (1) of the Act, the following authorities of the Commonwealth are prescribed: (a) Australian Competition and Consumer Commission; (b) Australian Prudential Regulation Authority; (c) Australian Securities and Investments Commission.

5 Information to be provided by foreign regulators

(1) For the purposes of paragraph 6 (2) (b) of the Act, the following information is required in relation to a foreign request: (a) a description in general terms of the subject matter of the request and of the facts of the matter including in particular: (i) any periods of time to which the request relates; and (ii) the names, and last known addresses, of individuals to whom, or bodies corporate to which, the request relates or refers; (b) a description in general terms of the assistance sought; (c) the purpose for which the assistance is sought; (d) a copy of the relevant foreign business law, and an English translation if the law is not in English; (e) a description of the functions of the foreign regulator making the request that is sufficient to enable the Commonwealth regulator to consider the extent to which the functions of the foreign regulator correspond with the functions of the Commonwealth regulator; (f) a statement as to whether the foreign regulator will be able to comply with a similar request made by the Commonwealth regulator; (g) a statement as to whether the foreign regulator has sought, or could conveniently seek from another source the information, evidence or documents to which the request relates; (h) a statement of the grounds on which it is considered that the Commonwealth regulator will be likely to be able to obtain the information, evidence or documents; (j) the purpose for which the information, evidence or documents is to be used or may at any future time be used; (k) details of the confidentiality that the foreign regulator will accord any information provided in compliance with the request; (l) the time within which the foreign regulator desires to receive the information; (m) whether the foreign regulator desires to receive the information in a single transmission or as and when each item of information becomes available; (n) the name and contact details of an officer of the foreign regulator who is familiar with the subject matter of the request and who will be available to answer any questions in relation to the request from an officer of the Commonwealth regulator.