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CORPORATIONS ACT 2001 - SECT 1429

Treatment of other clearing and settlement facilities

  (1)   This section applies to each clearing and settlement facility being operated immediately before the FSR commencement in relation to which both of the following paragraphs are satisfied:

  (a)   the clearing and settlement facility is not a facility to which section   1425 applies;

  (b)   section   1128 of the old Corporations Act did not, immediately before the FSR commencement, require the operator of the facility to be a person approved under section   1131.

  (2)   Subject to subsection   (3), section   820A of the amended Corporations Act does not apply in relation to the facility during the period (the transition period ) starting on the FSR commencement and ending on whichever of the following first occurs:

  (a)   the end of the period of 2 years starting on the FSR commencement;

  (b)   the operator of the facility is granted a licence under section   824B of the amended Corporations Act covering the facility;

  (c)   the Minister makes an exemption under section   820C of the amended Corporations Act covering the facility;

  (d)   the facility starts to provide services in respect of a class or classes of financial products in respect of which it did not provide services immediately before the FSR commencement.

  (3)   The regulations may provide that specified provisions of the amended Corporations Act (including section   820A), and any associated provisions, apply in relation to a clearing and settlement facility to which this section applies during some or all of the transition period for the facility with specified modifications.



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