Document ID: chunk:federal_register_of_legislation:C2004A03415:body:0:p51
Version: federal_register_of_legislation:C2004A03415
Segment Type: other
Provision Reference: 
Character Range: 125966–128758

in the manner provided by the contract, against liability in respect of claims.
"(2) A contract entered into under subsection (1) may relate to dealers generally, particular classes of dealers specified in the contract, particular dealers so specified, or dealers generally with the exclusion of particular classes of dealers, or particular dealers, so specified.
"(3) An action does not lie against the Corporation, a participating exchange, a member of the Board, or an employee of the Corporation or of a participating exchange, for damage alleged to have been suffered by a dealer because of the publication in good faith of a statement that a contract entered into under subsection (1) does or does not apply with respect to that dealer.
"(4) Where the Corporation has entered into a contract of insurance or indemnity with an insurer under this section, a person who has made a claim has neither a right of action against the insurer in respect of the contract, nor a right or claim in respect of money paid by the insurer in accordance with the contract.
"(5) In this section, 'dealer' means a member, or a member organisation, of a participating exchange.

Instalment payments
"122zd. (1) Where, at a particular time, the Board is of the opinion that if all the amounts that, as at that time, are payable out of the Fund in connection with claims were so paid, the Fund would be exhausted or substantially depleted, the Board may determine in writing that amounts so payable as at that time shall be so paid in instalments of specified amounts payable on specified days.
"(2) In subsection (1), 'claim' means a claim under Division 6 or 7 or a claim that, for the purposes of Division 9, is a transferred claim in relation to a transferring exchange.
"(3) A determination under subsection (1) has effect subject to subsection 122cd (3).

"Division 9—Transitional

Interpretation
"122ze. In this Division, unless the contrary intention appears:
     'founding exchange' means a securities exchange that, at the end of the nomination day, is a local Exchange subsidiary or a participating exchange;

     'joining exchange' means a securities exchange that:
        (a) at a particular time after the nomination day, becomes a local Exchange subsidiary or a participating exchange; and
        (b) was not, immediately before that time, a participating exchange, or a local Exchange subsidiary, as the case may be;
     'liability provisions' means:
        (a) sections 111 to 120, inclusive; or
        (b) sections 111 to 120, inclusive, as they have effect by virtue of subsection 36p (4) or (6);
    as the case requires;
     'nomination day' means the day on which the Ministerial Council first makes a nomination under subsection 122ba (1);
     'transfer day', in relation to a