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CORPORATIONS ACT 2001 No. 50, 2001 - SECT 1109E

Warranties by member organisation whose identification code is included in transfer document

(1) This section applies if the transfer document for a proper SCH transfer of quoted securities or quoted rights includes a member organisation's identification code as the identification code of the member organisation effecting the transfer. (2) If the member organisation is the transferor, the member organisation or, if it is a partnership, each of the partners in the member organisation, is taken to have warranted that:

(a)
the transfer was effected by the member organisation; and

(b)
the transferor was legally entitled or authorised to transfer the securities or rights.

(3) If:

(a)
the member organisation is not the transferor; and

(b)
the transfer is pursuant to a transaction in relation to which, or to transactions in relation to each of which, one of the following conditions is satisfied:

(i)
the transaction was entered into in the ordinary course of trading on a stock market; and
(ii)
the transaction is, under the business rules or listing rules of a stock exchange, described, or to be described, as "special" when it is reported to the stock exchange;
the member organisation or, if it is a partnership, each of the partners in the member organisation, is taken to have warranted that:

(c)
the transferor was legally entitled or authorised to transfer the securities or rights; and

(d)
the transfer was effected by the member organisation; and

(e)
the member organisation was authorised by the transferor to effect the transfer.

(4) If:

(a)
the member organisation is not the transferor; and

(b)
subsection (3) does not apply;

the member organisation or, if it is a partnership, each of the partners in the member organisation, is taken to have warranted that:

(c)
the transfer was effected by the member organisation; and

(d)
the member organisation was authorised by the transferor to effect the transfer.



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