Document ID: chunk:federal_register_of_legislation:C2004A04041:section:1990:p38
Version: federal_register_of_legislation:C2004A04041
Segment Type: section
Provision Reference: s 1990 (pt 38/212)
Character Range: 101839–104707

subsidiary"):

  Omit the definition, substitute:

" 'Exchange subsidiary' means:

     (a) in Chapter 6—a securities exchange or stock exchange within the meaning of that Chapter that is a subsidiary of the Exchange; and

     (b) in section 779 or subsection 920 (1)—a securities exchange that is a subsidiary of the Exchange; and

     (c) in any other provision of Chapter 7—a local securities exchange that is a subsidiary of the Exchange;".

Section 9 (definition of "exempt public authority"):

  Omit the definition, substitute:

" 'exempt public authority' means a body corporate that is incorporated within Australia or an external Territory and is:

  (a) a public authority; or

     (b) an instrumentality or agency of the Crown in right of the Commonwealth, in right of a State or in right of a Territory;".

Section 9 (subparagraph (b) (ii) of the definition of "financial year"):

  Omit "Act", substitute "Law".

Section 9 (paragraphs (c) and (d) of the definition of "financial year"):

  Omit the paragraphs.

Section 9 (paragraphs (e) and (f) of the definition of "financial year"):

   Omit the paragraphs, substitute:

   "(e) in any case—a period that:

         (i) ended at a time when the body was not a company but was a company for the purposes of a corresponding previous law; and

         (ii) was a financial year of the body for the purposes of that law as in force at that time; or

   (f) in any case—a period that:

       (i) ended at a time when the body was neither a company,

SCHEDULE 1—continued

         nor a company for the purposes of a previous corresponding law; and

         (ii) in respect of which a profit and loss account of the body was made out, or was required by the law of the body's incorporation as at that time to be made out;".

Section 9 (definition of "foreign company"):

  Omit the definition, substitute:

" 'foreign company' means:

     (a) a body corporate incorporated in an external Territory or outside Australia and the external Territories, not being:

       (i) a corporation sole; or

       (ii) an exempt public authority; or

   (b) an unincorporated body that:

         (i) is formed in an external Territory or outside Australia and the external Territories; and

         (ii) under the law of its place of formation, may sue or be sued, or may hold property in the name of its secretary or of an officer of the body duly appointed for that purpose; and

         (iii) does not have its head office or principal place of business in Australia;".

Section 9 (definition of "foreign corporation"):

  Omit the definition.

Section 9 (definition of "Fund"):

Omit "929 (1)", substitute "section 69 of the Corporations Act 1989".

Section 9 (definition of "futures advisers licence"):

  Omit the definition, substitute:

" 'futures advisers licence' means:

     (a) in this Chapter