CORPORATIONS ACT 2001

CHAPTER 1 - INTRODUCTORY  

PART 1.2 - INTERPRETATION  

Division 7 - Interpretation of other expressions  

SECTION 92   SECURITIES  

92(1)  


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(ca) (Repealed)


(d) units of such shares;


(e) (Repealed)

but does not include:


(f) a derivative (as defined in Chapter 7), other than an option to acquire by way of transfer a security covered by paragraph (a), (b), (c) or (d); or


(g) an excluded security.

Note: A derivative does not include an option to acquire a security by way of issue (see the combined effect of paragraph 761D(3)(c), paragraph 764A(1)(a) and paragraph (d) of the definition of security in section 761A).

92(2)  


The expression securities , when used in relation to a body, means:


(a) shares in the body; or


(b) debentures of the body; or


(c) interests in a managed investment scheme made available by the body; or


(ca) (Repealed)


(d) units of such shares;

but does not include:


(e) a derivative (as defined in Chapter 7), other than an option to acquire by way of transfer a security covered by paragraph (a), (b), (c) or (d); or


(f) an excluded security.

Note: A derivative does not include an option to acquire a security by way of issue (see the note to subsection (1)).

92(2A)  


In Part 1.2A , securities means:


(a) shares in a body; or


(b) debentures of a body; or


(c) interests in a registered scheme or a notified foreign passport fund; or


(d) legal or equitable rights or interests in:


(i) shares; or

(ii) debentures; or

(iii) interests in a registered scheme or a notified foreign passport fund; or


(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:


(f) a derivative (as defined in Chapter 7 ), other than an option to acquire by way of transfer a security covered by paragraph (a), (b), (c) or (d); or


(g) a market traded option.

Note 1: A derivative does not include an option to acquire a security by way of issue (see the note to subsection (1)).

Note 2: Section 9 defines body .

92(3)  


In Chapters 6 to 6CA (inclusive):

securities
means:


(a) shares in a body; or


(b) debentures of a body; or


(c) interests in a registered scheme; or


(d) when used in Chapter 6C - an interest in a listed notified foreign passport fund; or


(e) legal or equitable rights or interests in:


(i) shares; or

(ii) debentures; or

(iii) interests in a registered scheme or interests in a fund mentioned in paragraph (d); or


(f) options to acquire (whether by way of issue or transfer) a security covered by paragraph (a), (b), (c), (d) or (e).

It does not cover:


(g) a derivative (as defined in Chapter 7 ), other than an option to acquire by way of transfer a security covered by paragraph (a), (b), (c), (d) or (e); or


(h) a market traded option; or


(i) when used outside Chapter 6C - an interest in a notified foreign passport fund.

Note 1: A derivative does not include an option to acquire a security by way of issue (see the note to subsection (1)).

Note 2: Section 9 defines body .

92(4)  


In Chapter 6D securities has the meaning given by section 700 and in Chapter 7 security has the meaning given by section 761A .

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