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(ca) (Repealed)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(e) (Repealed)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(ca) (Repealed)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 .

Note: However, in Chapter 6D , securities does not include securities in a CCIV: see section 1240G .


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