Commonwealth Numbered Acts

FUTURES INDUSTRY ACT 1986

TABLE OF PROVISIONS

           Long Title

   1.      Short title  
   2.      Commencement  
   3.      Object  
   4.      Interpretation  
   5.      Agreements  
   6.      Associated persons  
   7.      Dealing in futures contracts  
   8.      Dealings and transactions on a person's own account  
   9.      Discretionary accounts  
   10.     Exempt brokers  
   11.     Certain persons not to be taken to be recognised licensees  
   12.     Interpretation  
   13.     Power of Commission to require production of books  
   14.     Power of magistrate to issue warrant to seize books  
   15.     Offences  
   16.     Copies or extracts to be admitted in evidence  
   17.     Privilege  
   18.     Disclosure to Commission  
   19.     Investigation of certain matters  
   20.     Power of Court to make certain orders  
   21.     Interpretation  
   22.     Investigations  
   23.     Conduct of investigations  
   24.     Powers of Commission and inspectors appointed under corresponding laws  
   25.     Powers of inspectors  
   26.     Investigation deemed to be a proceeding  
   27.     Record of examination  
   28.     Record to accompany report  
   29.     Admissibility of record of examination in evidence in proceedings against person examined  
   30.     Admissibility in other proceedings of statements made at an examination  
   31.     Weight of evidence  
   32.     Credibility of person who made statements  
   33.     Determination of objection to admissibility of statements  
   34.     Delegation by inspector  
   35.     Reports of investigations  
   36.     Report of inspector  
   37.     Commission's powers in respect of books  
   38.     Privileged communications  
   39.     Expenses of investigation  
   40.     Concealing, &c., of books relating to futures contracts  
   41.     Power of Commission to make certain orders  
   42.     Certain powers not to be delegated  
   43.     Constitution and functions of Futures Consultative Committee  
   44.     Meetings of Futures Consultative Committee  
   45.     Establishment of futures markets  
   46.     Power of Ministerial Council to approve futures exchange  
   47.     Provision of clearing house facilities  
   48.     Power of Ministerial Council to approve clearing house  
   49.     Publication of instruments executed under section 45, 46 or 48  
   50.     Power of Ministerial Council to approve futures association  
   51.     Suspension or cancellation of approval  
   52.     Notification of approval, &c., of futures association  
   53.     Appeal to the Court against certain decisions of futures exchanges and futures associations  
   54.     Commission to be notified of amendments of business rules  
   55.     Orderly markets in futures contracts-functions and powers of futures exchanges and clearing houses  
   56.     Orderly markets in futures contracts-powers of Commission  
   57.     Futures exchanges and others to assist Commission  
   58.     Power of Court to order observance or enforcement of business rules of futures exchange, clearing house or futures association  
   59.     Effect of certain laws on certain agreements  
   60.     Proclaimed day  
   61.     Futures broker's licence  
   62.     Futures broker's representatives  
   63.     Futures advisers  
   64.     Futures adviser's representatives  
   65.     Application for grant of licence  
   66.     Grant of futures broker's licence or futures adviser's licence  
   67.     Grant of representative's licence  
   68.     Change of principals of representative  
   69.     Conditions to which licence is subject  
   70.     Holder of licence to notify prescribed bodies of breach of condition or restriction applicable to licence  
   71.     Furnishing of information and statements to Commission  
   72.     Register of Licence Holders  
   73.     Notification of change in particulars  
   74.     Annual statement to be lodged with Commission  
   75.     Time for lodging annual statement  
   76.     Commission may extend period for lodging statement  
   77.     Revocation and suspension of licences  
   78.     Further provisions relating to revocation and suspension of licences  
   79.     Holder of licence to be deemed not to be holder while licence suspended  
   80.     Opportunity for hearing  
   81.     Certain representations prohibited  
   82.     Undesirable advertising  
   83.     Issue of contract notes  
   84.     Futures broker to furnish monthly statement to client  
   85.     Dealings by futures broker on own account  
   86.     Segregation of client money and property  
   87.     Futures broker to give certain information to prospective clients  
   88.     Interpretation  
   89.     Application of Part  
   90.     Accounts to be kept by futures brokers  
   91.     Property in custody of futures broker  
   92.     Appointment of auditor by futures broker  
   93.     Removal and resignation of auditors  
   94.     Fees and expenses of auditors  
   95.     Futures brokers' accounts  
   96.     Auditor's right of access to records, information, &c.  
   97.     Auditor to report to Commission in certain cases  
   98.     Certain matters to be reported to Commission  
   99.     Defamation  
   100.    This Part not to affect right of futures exchange or futures association to impose obligations, &c., on members  
   101.    Power of Court to restrain dealings with futures broker's accounts  
   102.    Duty of banker or body corporate to make full disclosure  
   103.    Power of Court to make further orders and give directions  
   104.    Power of Court to make order relating to payment of money  
   105.    Interpretation  
   106.    Establishment of fidelity funds  
   107.    Money constituting fidelity fund  
   108.    Fund to be kept in separate bank account  
   109.    Payments out of fund  
   110.    Accounts of fund  
   111.    Management sub-committee  
   112.    Contribution to fund  
   113.    Levy in addition to annual contributions  
   114.    Power of relevant organisation to make advances to fund  
   115.    Investment of fund  
   116.    Application of fund  
   117.    Claims against fund  
   118.    Rights of innocent partner in relation to fund  
   119.    Notice calling for claims against fund  
   120.    Power of Board to settle claims  
   121.    Form of order of Court establishing claim  
   122.    Power of Board to require production of documents, &c.  
   123.    Subrogation of relevant organisation to rights, &c., of claimant on payment from fund  
   124.    Payment of claims only from fund  
   125.    Provisions where fund insufficient to meet claims or where claims exceed total amount payable  
   126.    Power of relevant organisation to enter into contracts of insurance or indemnity  
   127.    Application of insurance money  
   128.    Dealings by futures broker on behalf of others  
   129.    Prohibition of dealings by insiders in futures contracts relating to securities  
   130.    Futures market manipulation  
   131.    False trading and market rigging  
   132.    False or misleading statements, &c.  
   133.    Fraudulently inducing person to deal in futures contracts  
   134.    Dissemination of information about illegal transactions  
   135.    Fraud in connection with dealings in futures contracts  
   136.    Penalties  
   137.    Compensation for loss, &c.  
   138.    Sequence of transmission and execution of orders  
   139.    Dealings by employees of licence holders  
           140. Restrictions on use of titles ''futures broker'', ''futures exchange'', &c.  
   141.    Appeal  
   142.    False or misleading statements  
   143.    Preservation and disposal of records, &c.  
   144.    Concealing, &c., books relating to futures contracts  
   145.    Falsification of records  
   146.    Precautions against falsification of records  
   147.    Obstructing or hindering Commission, &c.  
   148.    General penalty provisions  
   149.    Penalty notices  
   150.    Continuing offences  
   151.    Offences by bodies corporate  
   152.    Certain persons to assist in prosecutions  
   153.    Reciprocity in relation to offences  
   154.    Offences committed partly in and partly out of the Territory.  
   155.    Power of Court to prohibit payment or transfer of money, futures contracts or other property  
   156.    Power of Commission to intervene in proceedings  
   157.    Injunctions  
   158.    Power of Court to punish for contempt of Court  
   159.    Rules of court  
   160.    Regulations