Corporations Act 2001
CHAPTER 7
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FINANCIAL SERVICES AND MARKETS
A person must only operate, or hold out that the person operates, a financial market in this jurisdiction if:
(a) the person has an Australian market licence that authorises the person to operate the market in this jurisdiction; or
(b) the market is exempt from the operation of this Part.
For the purposes of an offence based on subsection (1), strict liability applies to paragraph (1)(b).
A person contravenes this subsection if the person contravenes subsection (1).
Note: This Chapter applies to a CCIV in a modified form: see Division 4 of Part 8B.7 .
PART 7.2
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LICENSING OF FINANCIAL MARKETS
Division 2
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Requirement to be licensed
SECTION 791A
NEED FOR A LICENCE
791A(1)
A person must only operate, or hold out that the person operates, a financial market in this jurisdiction if:
(a) the person has an Australian market licence that authorises the person to operate the market in this jurisdiction; or
(b) the market is exempt from the operation of this Part.
Note 1: A market licensee may also provide financial services incidental to the operation of the market: see paragraph 911A(2) (d).
Note 2: Failure to comply with this subsection is an offence (see subsection 1311(1) ).
791A(2)For the purposes of an offence based on subsection (1), strict liability applies to paragraph (1)(b).
Note: For strict liability , see section 6.1 of the Criminal Code .
791A(3)A person contravenes this subsection if the person contravenes subsection (1).
Note: This subsection is a civil penalty provision (see section 1317E ).
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