Commonwealth Consolidated Regulations

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Winding up of fidelity funds if market ceases to operate

             (1)  For subsection 1416(1) of the Act, section 886B of the Act applies in relation to a fidelity fund kept by the operator of a financial market that, at a time in the transition period for the market, ceases to operate (otherwise than because of a merger).

             (2)  For paragraph 886B(c) of the Act, subsection (3) applies if, at a time during the transition period for a financial market on which derivatives are traded, a person (the first person ) ceases to operate the market (other than because of a merger), and another person (the second person ) that is a related body corporate operates a financial market:

                     (a)  in relation to which, or a segment of which, there are required, after the end of the transition period, to be compensation arrangements approved in accordance with Division 3 of Part 7.5 of the Act; and

                     (b)  on which derivatives are also traded.

             (3)  The assets of the fidelity fund held by the first person for the market it had operated may be:

                     (a)  transferred to the fidelity fund held by the second person for the market, or segment of the market, that it operates; or

                     (b)  held as, or as part of, the fidelity fund held for the market, or segment of the market, operated by the second person.


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