Commonwealth Repealed Acts

This legislation has been repealed.

CORPORATIONS LAW- SECT 92

Securities

 
 
(1)
Subject to this section, securities means:
 
 
 
(a)
debentures, stocks
or bonds issued or proposed to be issued by a government; or

(b)
shares in, or debentures of, a body; or

(c)
interests in a managed investment scheme; or

(ca)
in Parts 7.3 to 7.6 (inclusive)—interests that would be
interests in a managed investment scheme but for paragraph (h) of the
definition of managed investment scheme in section 9; or

(d)
units of such shares; or

(e)
an option contract within the meaning of Chapter 7; 

 
but does not include a futures contract or an excluded
security.
 
 Note: Regulations under
subsection 92A(2) may provide that specified provisions of this Law and the
regulations apply in relation to relevant agreements to which section 92A
applies as if the agreements were securities. 


 
 
(2)
The expression "securities", when used in
relation to a body, means: 
 
 

(a)
shares in the body;

(b)
debentures of the body;

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

(ca)
in Parts 7.3 to 7.6 (inclusive)—interests made available by
the body that would be interests in a managed investment scheme but for
paragraph (h) of the definition of managed investment scheme in
section 9;

(d)
units of such shares; 

 
but does not include a futures contract or an excluded
security.
 
 
(2A)
In Parts 7.3 to 7.6 (inclusive): 

 
 securities includes an interest in a
friendly society benefit fund. 


 
 
(3)
In Chapters 6 to 6D (inclusive): 
 
 securities means: 


 
 
(a)
shares in a
body

(b)
debentures of a body

(c)
interests in a registered managed investment scheme

(d)
legal or equitable rights or interests in: 

 
 
(i)
shares;
or

(ii)
debentures; or

(iii)
interests in a registered managed investment scheme



 
 
(e)
options to
acquire (whether by way of issue or transfer) a security covered by paragraph
(a), (b), (c) or (d). 

 
It does not cover a futures contract or an option approved by a
securities exchange as an exchange traded option.
 

Note: Section 9 defines body and sections 9 and 72 define
futures contract.