Commonwealth Consolidated Regulations

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CORPORATIONS REGULATIONS 2001 - REG 7.5.01

Definitions for Part 7.5

                   In this Part:

becoming insolvent has the meaning given by regulation 7.5.02.

claim means a claim against the SEGC.

dealer has the meaning given by regulation 7.5.03.

discharge , in relation to an obligation, means:

                     (a)  in the case of a purchase obligation--discharge the whole of the obligation; or

                     (b)  in any other case--discharge the whole or a part of the obligation.

excluded person has the meaning given by regulation 7.5.04.

obligations :

                     (a)  in relation to a participant of a participating market licensee, in relation to a person, includes obligations arising under:

                              (i)  a law; or

                             (ii)  the participating market licensee's operating rules; or

                            (iv)  an agreement between;

                                        (A)  in any case--the participant and the person; or

                                        (B)  if the participant is a partner in a participant of the participating market licensee--the last-mentioned participant and the person; and

                     (b)  in relation to a participant of the licensed CS facility operated by ACH, in relation to a person, includes obligations arising under:

                              (i)  a law; or

                             (ii)  the operating rules of ACH; or

                            (iv)  an agreement between;

                                        (A)  in any case--the participant and the person; or

                                        (B)  if the participant is a partner in a participant of the licensed CS facility operated by ACH--the last-mentioned participant and the person; and

                     (c)  in relation to a participant of the licensed CS facility operated by ASTC, in relation to a person, includes obligations arising under:

                              (i)  a law; or

                             (ii)  the ASTC operating rules; or

                            (iii)  an agreement between:

                                        (A)  in any case--the participant and the person; or

                                        (B)  if the participant is a partner in a participant of the licensed CS facility operated by ASTC--the last-mentioned participant and the person.

orderly market means an orderly market on a financial market of:

                     (a)  a participating market licensee; or

                     (b)  an Exchange body.

participating market licensee means a market licensee that is a member of the SEGC.

prescribed period , in relation to a sale or purchase of securities by a dealer, means:

                     (a)  if the operating rules of ACH or a participating market licensee, in which the dealer is a participant, being those operating rules as in force when the agreement for the sale or purchase is made, prescribe a period, for this paragraph, in relation to a class of sales or purchases that includes the sale or purchase--that period; or

                     (b)  in any other case--a period that is reasonable, having regard to all the circumstances relating to the sale or purchase.

property includes money, securities and scrip.

purchase obligation means an obligation to transfer securities under an agreement for the purchase of securities, if the purchase is, for Subdivision 4.3, a reportable transaction.

purchase price , in relation to a purchase of securities by a dealer on behalf of a person, means the total of:

                     (a)  the amount of the consideration for the purchase; and

                     (b)  any brokerage fees and other charges, and any stamp duty and other duties and taxes, payable by the person to the dealer in connection with the purchase.

relative , in relation to a person, means a parent or remoter lineal ancestor, son, daughter or remoter issue, or brother or sister, of the person.

reportable transaction means a transaction that is entered into before or after the commencement of this Part in relation to securities, and:

                     (a)  is or has at any time been a sale or purchase, by a participant (the first dealer ) of a participating market licensee, of securities, if the securities are quoted on a financial market of a participating market licensee when the agreement for the sale or purchase is made, and:

                              (i)  in any case--the participating market licensee's operating rules, as in force when the agreement for the sale or purchase is made, require or permit the first dealer to report the sale or purchase to the participating market licensee; or

                             (ii)  if the sale or purchase is to or from, as the case may be, a participant (the second dealer ) of a participating market licensee--the last-mentioned participating market licensee's operating rules, as in force when the agreement for the sale or purchase is made, require or permit the second dealer to report to the last-mentioned participating market licensee the purchase or sale of the securities by the second dealer from or to, as the case may be, the first dealer; or

                     (b)  is an agreement to buy or sell securities, because of the exercise of an option contract over securities, if:

                              (i)  the option contract was entered into on the financial market of a participating market licensee; and

                             (ii)  the agreement is required or permitted, by the operating rules of ACH or the participating market licensee, to be reported to the participating market licensee.

sale and purchase of securities has the meaning given by regulation 7.5.06.

securities business has the meaning given by regulations 7.5.07 and 7.5.08.

security has the meaning given by regulation 7.5.09.

transfer of securities has the meaning given by regulation 7.5.10.

transferor has the meaning given by paragraph 7.5.53(4)(b).

transferred securities has the meaning given by paragraph 7.5.53(4)(c).

unauthorised execution has the meaning given by paragraph 7.5.53(4)(a).

Note:          Definitions of other expressions that are used in this Part, including:

*       participant

*       prescribed CS facility

*       SEGC

                   are found in sections 9, 761A and 880B of the Act.



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