THE CORPORATIONS LAW
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 93 SECURITIES BUSINESS 93(1) [Meaning of ``securities business''] A securities business is a business of dealing in securities. 93(2) (Omitted by No 110 of 1990, Sch 1 (effective 18 December 1990).) 93(3) [Application] Subsections (5), (6) and (7) apply for the purposes of determining: (a) whether or not a person carries on, or holds himself, herself or itself out as carrying on, a securities business; and (b) what constitutes such a business carried on by a person.
93(4)
[Application]
Subsection (7) also applies for the purposes of determining whether or not a person deals in securities.
93(5)
[Acts done by licensee or exempt dealer]
An act done on behalf of the person by the holder of a dealers licence or an exempt dealer shall be disregarded.
93(6)
[Employees]
An act that the person does:
(a)
while employed by, or acting for or by arrangement with, a dealer;
(b)
as employee or agent of, or otherwise on behalf of, on account of, or for the benefit of, the dealer; and
(c)
in connection with a securities business carried on by the dealer;
shall be disregarded.
93(7)
[Futures contracts]
An act or acts done by the person that constitutes or together constitute a dealing by the person in a futures contract shall be disregarded.