Commonwealth Consolidated Regulations

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CORPORATIONS REGULATIONS 2001 - REG 10.2.194

References to certain matters

  (1)   For section   1444 of the Act, this regulation applies in relation to:

  (a)   a regulated principal; and

  (b)   the following instruments:

  (i)   an approval of a stock market under subsection   770A(2) of the old Corporations Act;

  (ii)   a declaration of an exempt stock market under subsection   771(1) of the old Corporations Act;

  (iii)   a declaration of an exempt futures market under subsection   1127(1) of the old Corporations Act.

  (2)   A reference in an instrument to a securities dealer's licence includes a Australian financial service licence that authorises the holder to deal in securities.

  (3)   A reference in an instrument to the business rules of a securities exchange or a stock exchange includes the operating rules of a licensed market for securities.

  (4)   A reference in an instrument to a person who is not a retail investor within the meaning of subregulation   7.3.02B(8) of the old Corporations Regulations includes a professional investor within the meaning of section   9 of the Act.

  (5)   A reference in an instrument to:

  (a)   a prospectus; or

  (b)   a replacement prospectus;

includes a Product Disclosure Statement.

  (6)   A reference in an instrument to a supplementary prospectus includes a supplementary Product Disclosure Statement.

  (7)   A reference in an instrument to the Commission includes ASIC.

  (8)   A reference in an instrument to the ASC includes ASIC.

  (9)   A reference in an instrument to a futures brokers licence includes an Australian financial services licence that authorises the holder to deal in derivatives.

  (10)   A reference in an instrument to a futures licensee includes a person who holds an Australian financial services licence that authorises the holder to deal in derivatives.

  (11)   A reference in an instrument to Division   2 of Part   4.1 of the old Corporations Act includes Division   2 of Part   5B.2 of the Act.

  (12)   A reference in an instrument to section   345 of the old Corporations Act includes section   601CF of the Act.

  (13)   A reference in an instrument to a clearing house includes a licensed clearing and settlement facility.

  (14)   A reference in an instrument to an approved futures exchange includes a licensed market operated by:

  (a)   Sydney Futures Exchange Limited; or

  (b)   SFE Corporation Limited; or

  (c)   ASX Futures Exchange Pty Limited.

  (15)   A reference in an instrument to a recognised futures exchange includes a recognised futures exchange mentioned in Schedule   11 to the old Corporations Regulations.

  (16)   A reference in an instrument to a futures market of any exchange includes a financial market in relation to derivatives operated by a market licensee.


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