Corporations Act 2001

CHAPTER 1 - INTRODUCTORY  

PART 1.2 - INTERPRETATION  

Division 7 - Meaning of some other expressions  

SECTION 92   MEANING OF 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(ca) (Repealed)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(e) (Repealed)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 section 761D ), 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 (5)(d) of this section).

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(ca) (Repealed)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 section 761D ), 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 section 761D ), 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) and Part 8B.7 :

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 section 761D )), 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 .

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

92(5)    

In Chapter 7 (except Part 7.11 ), security means:

(a)    a share in a body; or

(b)    a debenture of a body; or

(c)    a legal or equitable right or interest in a security covered by paragraph (a) or (b) ; or

(d)    an option to acquire, by way of issue, a security covered by paragraph (a) , (b) or (c) ; or

(e)    a right (whether existing or future and whether contingent or not) to acquire, by way of issue, the following under a rights issue:

(i) a security covered by paragraph (a) , (b) , (c) or (d) ;

(ii) a managed investment product;

(iii) a foreign passport fund product;

(iv) an interest or right covered by paragraph 764A(ba) ; or

(f)    a CGS depository interest; or

(g)    a simple corporate bonds depository interest;

but does not include an excluded security or a foreign passport fund product.

92(6)    

In Part 7.11 , security means:

(a)    a security as defined in subsection (5) ; or

(b)    a managed investment product; or

(c)    a foreign passport fund product.

92(7)    

In Chapter 8 , securities means:

(a)    a share in a body; or

(b)    a debenture of a body; or

(c)    an interest in a managed investment scheme; or

(d)    a legal or equitable right or interest in a security or interest covered by paragraph (a) , (b) or (c) ; or

(e)    an option to acquire, by way of issue, an interest or right covered by paragraph (a) , (b) , (c) or (d) .