Commonwealth Consolidated Acts

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How property to which this Division applies is to be dealt with

             (1)  Subject to subsection (2), the licensee must ensure that property to which this Division applies is only dealt with in accordance with:

                     (a)  the requirements (if any) specified in regulations made for the purposes of this paragraph; and

                     (b)  subject to those requirements:

                              (i)  the terms and conditions on which the property was given to the licensee; and

                             (ii)  any subsequent instructions given by the client.

Note:          Failure to comply with this subsection is an offence (see subsection 1311(1)).

             (2)  If:

                     (a)  the financial service referred to in subparagraph 984A(1)(a)(i) is or relates to a dealing in a derivative; or

                     (b)  the financial product referred to in subparagraph 984A(1)(a)(ii) is a derivative;

the property concerned may also be used for the purpose of meeting obligations incurred by the licensee in connection with margining, guaranteeing, securing, transferring, adjusting or settling dealings in derivatives by the licensee (including dealings on behalf of people other than the client).

             (3)  However, if the property is derivative retail client property, subsection (2) only applies to an obligation if:

                     (a)  the entry into of the derivative referred to in paragraph (2)(a) or (b) was or will be cleared through an authorised clearing and settlement facility; and

                     (b)  the licensee incurred the obligation, in connection with the derivative, under the operating rules of the facility.

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