THE CORPORATIONS LAW

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.

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.

92(2A)  [Friendly society benefit fund]  

In Parts 7.3 to 7.6 (inclusive):

securities includes an interest in a friendly society benefit fund.

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 .

92(4)-(6)  (Repealed by No 156 of 1999, Sch 3, Pt 1 (effective 13 March 2000).)