the other person in connection with a futures broking business or futures
advice business carried on by the other person.
(2) Except for the purposes of paragraph 87(1)(b):
- (a)
- a person who holds a
proper authority from a futures licensee is a futures representative of the
licensee; and
- (b)
- a person who holds an invalid futures authority from another person is a
futures representative of the other person.
(3) Subject to subsection (4), a person does an act, or engages in
conduct, as a futures representative of another person if, and only if, the
first-mentioned person does the act, or engages in the conduct:
- (a)
- in
connection with a futures broking business or futures advice business carried
on by the other person; and
- (b)
- while the first-mentioned person is a futures representative of the other
person; and
- (c)
- as employee or agent of, or otherwise on behalf of, on account of, or for
the benefit of, the other person; and
- (d)
- otherwise than in the course of work of a kind ordinarily done by
accountants, clerks or cashiers.
(4) Except for the purposes of Division 4 of Part 8.3, a person who
holds himself, herself or itself out to be a futures representative of another
person does an act as a futures representative of the other person.