Corporations Amendment Regulations 2002 (No. 9) (282 of 2002)

Schedule 1   Amendments

11   After subregulation 7.5.04 (1)

insert

(1A) For Subdivision 4.9, an excluded person , in relation to a participant of a participating market licensee, or a participant of the licensed CS facility operated by Options Clearing House Pty Limited, means:

(a) in any case - the participant; or

(b) if the participant is not a body corporate:

(i) a person who is the spouse, or who is a relative, of the participant; or

(ii) a trustee of a trust in relation to which the participant or a person of a kind mentioned in subparagraph (i) is capable of benefiting; or

(iii) a body corporate of which the participant is an officer; or

(iv) a body corporate in which the participant or a person of a kind mentioned in subparagraph (i) has a controlling interest; or

(v) a body corporate in which the participant and a person of a kind mentioned in subparagraph (i) have a controlling interest; or

(vi) a body corporate in which the participant and 2 or more persons of a kind mentioned in subparagraph (i) have a controlling interest; or

(vii) a body corporate in which 2 or more persons of a kind mentioned in subparagraph (i) together have a controlling interest; or

(c) if the participant is:

(i) a person who is an officer of the body corporate; or

(ii) a body corporate that is related to the first-mentioned body corporate; or

(iii) a person who is the spouse, or who is a relative, of a person of a kind mentioned in subparagraph (i); or

(iv) a trustee of a trust in relation to which a person of a kind mentioned in subparagraph (i) or (iii) is capable of benefiting; or

(v) a body corporate in which a person of a kind mentioned in subparagraph (i) or (iii) has, or 2 or more such persons together have, a controlling interest; or

(d) if the participant is a partner in a participant of the participating market licensee or licensed CS facility and is not a body corporate:

(i) a person who is a partner in the participant; or

(ii) a person who is the spouse, or who is a relative, of a partner (not being a body corporate) in the participant; or

(iii) a trustee of a trust in relation to which a person of a kind mentioned in subparagraph (i) or (ii) is capable of benefiting; or

(iv) a person who is an officer of a body corporate that is a partner in the participant; or

(v) a body corporate of which a person of a kind mentioned in subparagraph (i), (ii) or (iii) is an officer, or in which such a person has, or 2 or more such persons together have, a controlling interest; or

(e) if the participant is a partner in a participant of the participating market licensee or licensed CS facility and is a body corporate:

(i) a person who is an officer of a body corporate that is a partner in the participant; or

(ii) a body corporate that is related to the first-mentioned body corporate; or

(iii) a person who is a partner in the participant; or

(iv) a person who is the spouse, or who is a relative, of a person (other than a body corporate) of a kind mentioned in subparagraph (i) or (iii); or

(v) a trustee of a trust in relation to which a person of a kind mentioned in subparagraph (i), (iii) or (iv) is capable of benefiting; or

(vi) a body corporate in which a person of a kind mentioned in subparagraph (i), (iii) or (iv) has, or 2 or more such persons together have, a controlling interest.