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CORPORATIONS ACT 2001 No. 50, 2001 - SECT 1002A

Securities

(1) In this Division and in section 1013:

"information" includes:

(a)
matters of supposition and other matters that are insufficiently definite to warrant being made known to the public; and

(b)
matters relating to the intentions, or the likely intentions, of a person.

"purchase", in relation to securities, includes, in the case of an option contract under which a party acquires an option or right from another party, acquire the option or right under the contract, or take an assignment of the option or right, whether or not on another's behalf.

"securities", in relation to a body corporate, means any of the following:

(a)
shares in the body corporate;

(b)
debentures (including convertible notes) issued by the body corporate;

(c)
interests in a managed investment scheme made available by the body corporate;

(d)
units of shares referred to in paragraph (a);

(e)
an option contract under which a party acquires from another party an option or right, exercisable at or before a specified time, to buy from, or sell to, that other party a number of securities of a kind referred to in paragraph (a), (b), (c) or (d) at a price specified in, or to be determined in accordance with, the contract;

but does not include a futures contract or an excluded security.

"sell", in relation to securities, includes, in the case of an option contract under which a party acquires an option or right from another party:

(a)
grant or assign the option or right; or

(b)
take, or cause to be taken, such action as releases the option or right;

whether or not on another's behalf.

(2) A provision of this Division or of section 1013 that applies in relation to securities of a body corporate:

(a)
also applies in relation to securities (as defined by subsection 92(1)) issued by a government, an unincorporated body or any other person; and

(b)
applies, in relation to securities so issued, in the same way, as nearly as practicable, as if the government, body or person were a body corporate.


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