Commonwealth Consolidated Acts

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CORPORATIONS ACT 2001 - SECT 767A

What is a financial market?

             (1)  For the purposes of this Chapter, a financial market is a facility through which:

                     (a)  offers to acquire or dispose of financial products are regularly made or accepted; or

                     (b)  offers or invitations are regularly made to acquire or dispose of financial products that are intended to result or may reasonably be expected to result, directly or indirectly, in:

                              (i)  the making of offers to acquire or dispose of financial products; or

                             (ii)  the acceptance of such offers.

             (2)  However, the following conduct does not constitute operating a financial market for the purposes of this Chapter:

                     (a)  a person making or accepting offers or invitations to acquire or dispose of financial products on the person's own behalf, or on behalf of one party to the transaction only, unless the regulations specify circumstances in which such conduct does constitute operating a financial market and the person's conduct occurs in circumstances so specified;

                     (b)  conducting treasury operations between related bodies corporate;

                     (c)  a person, being the holder of a licence under an Australian law relating to the licensing of auctioneers, conducting an auction of forfeited shares;

                     (d)  any other conduct of a kind prescribed by regulations made for the purposes of this paragraph.



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