Corporations Act 2001

CHAPTER 7 - FINANCIAL SERVICES AND MARKETS  

Note: This Chapter applies to a CCIV in a modified form: see Division 4 of Part 8B.7 .

PART 7.9 - FINANCIAL PRODUCT DISCLOSURE AND OTHER PROVISIONS RELATING TO ISSUE, SALE AND PURCHASE OF FINANCIAL PRODUCTS  

Division 5B - Disclosure etc. in relation to short sales covered by securities lending arrangement of listed section 1020B products  

Note: Section 1020B prohibits certain short sales of section 1020B products.

SECTION 1020AE  

1020AE   LICENSEE ' S OBLIGATION TO ASK SELLER ABOUT SHORT SALE  

The financial services licensee must not make a sale in this jurisdiction of section 1020B products on a licensed market if:

(a)    the sale is on behalf of a person (the seller ); and

(b)    the seller will be obliged under section 1020AB to give the financial services licensee information in relation to the sale; and

(c)    either or both of the following apply:

(i) before making the sale, the financial services licensee failed to ask the seller, orally or in writing, whether the seller will be obliged under section 1020AB to give the financial services licensee information in relation to the sale;

(ii) before making the sale, the financial services licensee failed to record, in writing, the seller ' s answer.

Note 1: Failure to comply with this section is an offence (see subsection 1311(1) ).

Note 2: For the definition of writing , see section 2B of the Acts Interpretation Act 1901 .