CCH Note:
Part 13 of the
Corporations Act 1989, inserted
by sec 6 of No 110 of 1990, Sch 1 (effective 1 January 1991), begins as
follows:
PART 13 - THE CORPORATIONS LAW
THE CORPORATIONS LAW
82
The Corporations Law is as follows:...
CHAPTER 1 - INTRODUCTORY
PART 1.2 - INTERPRETATION
Division 7 - Interpretation of other expressions
SECTION 92
SECURITIES
92(1)
[``securities'']
Subject to this section, ``securities'' means:
(a)
debentures, stocks or bonds issued or proposed to be issued by a government; or
(b)
shares in, or debentures of, a body; or
(c)
interests in a managed investment scheme; or
(ca)
in
Parts 7.3 to
7.6 (inclusive) - interests that would be interests in a managed investment scheme but for paragraph (h) of the definition of
managed investment scheme
in section 9; or
(d)
units of such shares; or
(e)
an option contract within the meaning of
Chapter 7;
but does not include a futures contract or an excluded security.
Note:
Regulations under subsection
92A(2) may provide that specified provisions of this Law and the regulations apply in relation to relevant agreements to which section
92A applies as if the agreements were securities.
History
S 92(1) amended by No 62 of 1998, Sch 2, Pt 1 (effective 1 July 1998).
S 92(1) (Note) inserted by No 33 of 1995, s 5 (effective 12 April 1995).
S 92(1) amended by No 31 of 1994, Sch 1, Pt 1 (effective 1 July 1994).
S 92(1) amended by No 110 of 1990, Sch 1 (effective 18 December 1990).
92(2)
[``securities'' in relation to a body]
The expression ``securities'', when used in relation to a body, means:
(a)
shares in the body;
(b)
debentures of the body;
(c)
interests in a managed investment scheme made available by the body; or
(ca)
in
Parts 7.3 to
7.6 (inclusive) - interests made available by the body that would be interests in a managed investment scheme but for paragraph (h) of the definition of
managed investment scheme
in section 9;
(d)
units of such shares;
but does not include a futures contract or an excluded security.
History
S 92(2) amended by No 62 of 1998, Sch 2, Pt 1 (effective 1 July 1998).
S 92(2) amended by No 31 of 1994, Sch 1, Pt 1 (effective 1 July 1994).
S 92(2) amended by No 110 of 1990, Sch 1 (effective 18 December 1990).
92(2A)
[Friendly society benefit fund]
In
Parts 7.3 to
7.6 (inclusive):
securities
includes an interest in a friendly society benefit fund.
History
S 92(2A) inserted by No 44 of 1999, Sch 3, Pt 2 (effective 1 July 1999).
92(3)
[Definition of securities]
In
Chapters 6 to
6D (inclusive):
securities
means:
(a)
shares in a body
(b)
debentures of a body
(c)
interests in a registered managed investment scheme
(d)
legal or equitable rights or interests in:
(i) shares; or
(ii) debentures; or
(iii) interests in a registered managed investment scheme
(e)
options to acquire (whether by way of issue or transfer) a security
covered by paragraph (a), (b), (c) or (d).
It does not cover a futures contract or an option approved by a
securities exchange as an exchange traded option.
Note:
Section 9 defines
body
and sections 9 and
72 define
futures contract
.
History
S 92(3) substituted and Note inserted by No 156 of 1999, Sch 3, Pt 1 (effective 13 March 2000).
92(4)-(6)
(Repealed by No 156 of 1999, Sch 3, Pt 1 (effective 13 March 2000).)
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