Commonwealth Consolidated Acts

CORPORATIONS ACT 2001 - SECT 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

  (d)   units of such shares;

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).

  (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 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)).

  (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 .

  (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 .

  (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.

  (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.

  (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.

  (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).