CORPORATIONS ACT 2001

CHAPTER 7 - FINANCIAL SERVICES AND MARKETS  

PART 7.2 - LICENSING OF FINANCIAL MARKETS  

Division 2 - Requirement to be licensed  

SECTION 791A   NEED FOR A LICENCE  

791A(1)   [ Requirement to be licensed or exempt]  

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)   [ Strict liability]  

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 .


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