Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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
(d) units of such shares;
but does not include:
(f) a derivative (as defined in Chapter 7), 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 (d) of the definition of security in section 761A).
(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
(d) units of such shares;
but does not include:
(e) a derivative (as defined in Chapter 7), 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)).
(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 Chapter 7), 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 .
(3) In Chapters 6 to 6CA (inclusive):
(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 Chapter 7), 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 .
(4) In Chapter 6D securities has the meaning given by section 700 and in Chapter 7 security has the meaning given by section 761A.
Note: However, in Chapter 6D, securities does not include securities in a CCIV: see section 1240G.