Corporations Act 2001

CHAPTER 10 - TRANSITIONAL PROVISIONS  

PART 10.2 - TRANSITIONAL PROVISIONS RELATING TO THE FINANCIAL SERVICES REFORM ACT 2001  

Division 1 - Transitional provisions relating to the phasing-in of the new financial services regime  

Subdivision B - Treatment of existing markets  

SECTION 1422   TREATMENT OF OTHER MARKETS THAT WERE NOT UNAUTHORISED  

1422(1)   [ Application]  

This section applies to each market in relation to which the following paragraphs are satisfied:

(a) the market is a financial market within the meaning of the amended Corporations Act;

(b) the market was being operated immediately before the FSR commencement;

(c) the market is not a market to which section 1413, 1418, 1419, 1420 or 1421 applies;

(d) the market was not an unauthorised stock market or an unauthorised futures market (as defined in section 9 of the old Corporations Act) immediately before the FSR commencement.

1422(2)   [ No application]  

Subject to subsection (3), section 791A of the amended Corporations Act does not apply in relation to a market to which this section applies during the period (the transition period ) starting on the FSR commencement and ending on whichever of the following first occurs:

(a) the end of the period of 2 years starting on the FSR commencement;

(b) the operator of the market is granted a licence under section 795B of the amended Corporations Act covering the operation of the market;

(c) the Minister makes an exemption under section 791C of the amended Corporations Act covering the market;

(d) the market starts to provide services in respect of a class or classes of financial products in respect of which it did not provide services immediately before the commencement.

1422(3)   [ Regulations]  

The regulations may, in relation to a market to which this section applies, provide that specified provisions (including section 791A) of the amended Corporations Act, and any associated provisions, apply in relation to the market during some or all of the transition period for the market with specified modifications.