Corporations Regulations 2001
View history note
Hide history note[ CCH Note: Pursuant to the Corporations Amendment Regulations 2001 (No 4) (SR 2001 No 319) effective 11 March 2002, Chapter 7 (Securities) comprising reg 7.1.01 - 7.15.01 and Chapter 8 (The futures industry) comprising reg 8.1.01 - 8.7.03 are replaced by a new Chapter 7 (Financial services and markets) comprising reg 7.1.01 - 7.12.01. As the subject matter of the new Chapter 7 relates to the new financial services reform regime, " inserted " has been used in the history notes for each provision, and all references to the former provisions have been removed.]
In this Part:
becoming insolvent
has the meaning given by
regulation 7.5.02
.
borrower
(Omitted by SLI 2005 No 38, Sch 1
[
3].)
claim
means a claim against the SEGC.
claimable obligation
(Omitted by SLI 2005 No 38, Sch 1
[
3] (effective 31 March 2005).)
clearing nominee
(Omitted by SR 2002 No 282, Sch 1
[
3].)
completion period
(Omitted by SLI 2005 No 38, Sch 1
[
3].)
compliance period
(Omitted by SLI 2005 No 38, Sch 1
[
3].)
dealer
has the meaning given by regulation
7.5.03
.
discharge
, in relation to an obligation, means:
(a) in the case of a purchase obligation - discharge the whole of the obligation; or
(b) in any other case - discharge the whole or a part of the obligation.
excluded amount
(Omitted by SLI 2005 No 38, Sch 1
[
3].)
excluded person
has the meaning given by
regulation 7.5.04
.
guaranteed securities loan
(Omitted by SLI 2005 No 38, Sch 1
[
3] (effective 31 March 2005).)
lender
(Omitted by SLI 2005 No 38, Sch 1
[
3].)
obligations
:
(a)
in relation to a participant of a participating market licensee, in relation to a person, includes obligations arising under:
(i) a law; or
(ii) the participating market licensee ' s operating rules; or
(iii) (Omitted)
(iv) an agreement between:
(A) in any case - the participant and the person; or
(B) if the participant is a partner in a participant of the participating market licensee - the last-mentioned participant and the person; and
(b) in relation to a participant of the licensed CS facility operated by ACH, in relation to a person, includes obligations arising under:
(i) a law; or
(ii) the operating rules of ACH; or
(iii) (Omitted)
(iv) an agreement between:
(A) in any case - the participant and the person; or
(B) if the participant is a partner in a participant of the licensed CS facility operated by ACH - the last-mentioned participant and the person; and
(c) in relation to a participant of the licensed CS facility operated by ASTC, in relation to a person, includes obligations arising under:
(i) a law; or
(ii) the ASTC operating rules; or
(iii) an agreement between:
(A) in any case - the participant and the person; or
(B) if the participant is a partner in a participant of the licensed CS facility operated by ASTC - the last-mentioned participant and the person.
orderly market
means an orderly market on a financial market of:
(a) a participating market licensee; or
(b) an Exchange body.
participating market licensee
means a market licensee that is a member of the SEGC.
prescribed period
, in relation to a sale or purchase of securities by a dealer, means:
(a) if the operating rules of ACH or a participating market licensee, in which the dealer is a participant, being those operating rules as in force when the agreement for the sale or purchase is made, prescribe a period, for this paragraph, in relation to a class of sales or purchases that includes the sale or purchase - that period; or
(b) in any other case - a period that is reasonable, having regard to all the circumstances relating to the sale or purchase.
property
includes money, securities and scrip.
purchase obligation
means an obligation to transfer securities under an agreement for the purchase of securities, if the purchase is, for Subdivision
4.3
, a reportable transaction.
purchase price
, in relation to a purchase of securities by a dealer on behalf of a person, means the total of:
(a) the amount of the consideration for the purchase; and
(b) any brokerage fees and other charges, and any stamp duty and other duties and taxes, payable by the person to the dealer in connection with the purchase.
relative
, in relation to a person, means a parent or remoter lineal ancestor, son, daughter or remoter issue, or brother or sister, of the person.
replacement agreement
(Omitted by SLI 2005 No 38, Sch 1
[
5].)
reportable transaction
means a transaction that is entered into before or after the commencement of this Part in relation to securities, and:
(a) is or has at any time been a sale or purchase, by a participant (the first dealer ) of a participating market licensee, of securities, if the securities are quoted on a financial market of a participating market licensee when the agreement for the sale or purchase is made, and:
(i) in any case - the participating market licensee ' s operating rules, as in force when the agreement for the sale or purchase is made, require or permit the first dealer to report the sale or purchase to the participating market licensee; or
(ii) if the sale or purchase is to or from, as the case may be, a participant (the second dealer ) of a participating market licensee - the last-mentioned participating market licensee ' s operating rules, as in force when the agreement for the sale or purchase is made, require or permit the second dealer to report to the last-mentioned participating market licensee the purchase or sale of the securities by the second dealer from or to, as the case may be, the first dealer; or
(b) is an agreement to buy or sell securities, because of the exercise of an option contract over securities, if:
(i) the option contract was entered into on the financial market of a participating market licensee; and
(ii) the agreement is required or permitted, by the operating rules of ACH or the participating market licensee, to be reported to the participating market licensee.
sale and purchase of securities
has the meaning given by
regulation 7.5.06
.
securities business
has the meaning given by regulations
7.5.07
and
7.5.08
.
security
has the meaning given by
regulation 7.5.09
.
security benefit
(Omitted by SLI 2005 No 38, Sch 1
[
6].)
transfer of securities
has the meaning given by
regulation 7.5.10
.
transferor
has the meaning given by paragraph
7.5.53(4)(b)
.
transferred securities
has the meaning given by paragraph
7.5.53(4)(c)
.
unauthorised execution
has the meaning given by paragraph
7.5.53(4)(a)
.
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