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Corporations Act 2001

Corporations Act 2001

Search complete. 20 mentions across 14 episodes found for "Corporations Act 2001".

Sep 16, 2026

Eamonn SnowHOST
11:48
If you are an APRA member and this is something that you're passionate about, and you are a bit sus on how APRA is distributing royalties, then jump on and have a look at this post and sign this.
Eamonn SnowHOST
12:00
The reason being, under the Corporations Act, 100 members can put resolutions on the AGM agenda, and APRA must circulate them to every member.
Eamonn SnowHOST
12:10
So what he's trying to do is, despite...
Eamonn SnowHOST
12:12
this license renewal is still advocate for and drive change.
Fred SchebestaGUEST
1:05
There's, like, nothing written down.
Fred SchebestaGUEST
1:07
There's, um, the Corporations Act, which was written in 2001.
Fred SchebestaGUEST
1:12
Bitcoin was invented in 2009, so you got eight years without crypto, so it was never written with crypto in mind.
Fred SchebestaGUEST
1:18
Like, I personally read this and tried to figure out, okay, if, if you give us your crypto and then, um, we pay you a yield for that, like, what, what is that kind of product? That sounds like a loan or a...
Fred SchebestaGUEST
3:21
It's not like, you know, oh, we just fly by night, launch it overnight
Alyse GraceHOST
3:24
And you studied finance as well, so you-
Fred SchebestaGUEST
3:26
Yeah, and I knew how to read the Corporations Act, and also I've done what's back in the days RG 146, which is like financial advice training.
Fred SchebestaGUEST
3:35
Uh, like I knew deeply about this area and, um, we got several lawyers to give us advice as well.
Rowan HoltHOST
43:31
But it's become obvious to us now that we have to go to much other serious legislation.
Joshua WilsonGUEST
43:36
Well, the Family Court or Division 1 of the Federal Circuit and Family Court of Australia has original jurisdiction under the Corporations Act.
Joshua WilsonGUEST
43:45
So in the same way that a person might go to the Federal Court or to a state Supreme Court to invoke those remedies... that same person can come to the FC, FCOA Division 1.
Joshua WilsonGUEST
43:59
And not in huge numbers, but insolvencies are making their appearance.
Jordan VakaHOST
57:24
Yeah.
Phil AndersonGUEST
57:24
Um, the other thing that I would say is that the entire Corporations Act is based upon the concept of a licensee.
Phil AndersonGUEST
57:33
Everything.
Phil AndersonGUEST
57:33
You know, it, it's who's responsible for breach reporting, who's responsible for AFCA membership, um, right across the spectrum.
Michael PellyGUEST
25:03
Well, let's take a look at another example.
Michael PellyGUEST
25:06
ASIC has been very keen to get some movement around Chapter 7 of the Corporations Act.
Michael PellyGUEST
25:12
As we know, there was a huge, long inquiry by the ALRC.
Michael PellyGUEST
25:18
They sent all their recommendations in.
Sarah SloanGUEST
28:21
For the Australian context, we actually do have a raft of, you know, kind of obligations that are at the director level, at the entity level, for instance.
Sarah SloanGUEST
28:29
And we've touched on the Security of Critical Infrastructure Act, for example, which, you know, has obligations around having a risk management plan and having that signed off on a board level, right? We also have, of course, the Corporations Act, which imposes obligations.
Sarah SloanGUEST
28:40
So I think there are a raft of obligations that would apply potentially to that scenario that you've just kind of walked me through.
Sarah SloanGUEST
28:48
The other thing, though, I would say is that I think boards are becoming more acutely aware of the financial costs, right? It's not just the kind of impact of regulations and policies.
Jason BettsHOST
25:05
Yeah.
Michael PellyGUEST
25:06
ASIC has been very keen to get some movement around Chapter 7 of the Corporations Act.
Michael PellyGUEST
25:12
As we know, there was a huge, long inquiry by the ALRC.
Michael PellyGUEST
25:18
They sent all their recommendations in, everyone from John Middleton, who's one of the commissioners, been urging them to go and do something.
Kathryn DentGUEST
44:18
First point about a whistleblower complaint is when you get a complaint of any description from an employee, you really do need to assess whether it's whistleblower or not.
Kathryn DentGUEST
44:27
And there are criteria under the Corporations Act annual policies that will deal with that.
Kathryn DentGUEST
44:32
In terms of the identity of the whistleblower and the disclosing, I find that really regular contact.
Kathryn DentGUEST
44:41
Assuming that you, as the investigator, are able to contact the discloser, then regular contact with them about what is going to be put, even showing them, framing up allegations and saying, this is what we're putting, it may tend to identify you, are you comfortable with that? So it's a very interactive...
Josh BornsteinGUEST
19:52
So we need multiple layers of regulation given the significance of these organisations to the economy and to our democracy.
Josh BornsteinGUEST
20:02
And so our submission to Treasury recently said you've got to have a strong Corporations Act regime applied to these organisations.
Josh BornsteinGUEST
20:14
entities into the future, which means that the companies can be sued and prosecuted if they misbehave, their directors can be pursued as well, and any auditors who misbehave can also be pursued.
Josh BornsteinGUEST
20:31
Once you get multifaceted, sophisticated regulation working like that, you start to make an impact.
Josh BornsteinGUEST
18:52
So we need multiple layers of regulation given the significance of these organisations to the economy and to our democracy.
Josh BornsteinGUEST
19:02
And so our submission to Treasury recently said you've got to have a strong Corporations Act regime applied to these organisations.
Josh BornsteinGUEST
19:14
entities into the future which means that the companies can be sued and prosecuted if they misbehave their directors can be pursued as well and any auditors who misbehave can also be pursued once you get multi-faceted sophisticated regulation working like that you start to you start to make an impact
speaker_7SOUNDBITE_SPEAKER
19:39
are there any areas where you would spend less than the government

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