Document ID: chunk:federal_register_of_legislation:C2004A03231:schedule:1:p17
Version: federal_register_of_legislation:C2004A03231
Segment Type: schedule
Provision Reference: sch 1 (pt 17/23)
Character Range: 262275–264995

end the following sub-section:
    "(8) Where a dealer is prohibited, by virtue of a condition or restriction to which a licence granted to him under this Act is subject, from holding moneys in trust for the dealer's clients, this section does not apply in relation to the dealer unless and until the dealer holds moneys in trust for a client.".

Certain matters to be reported to Commission
195. Section 80 of the Principal Act is amended by inserting in paragraph (2) (b) ", except in a case where the securities exchange concerned is not a stock exchange," before "Part VIII".

Fraudulently inducing persons to deal in securities
196. Section 126 of the Principal Act is amended—
     (a) by omitting from paragraph (b) "or";
     (b) by inserting after paragraph (c) the following word and paragraph:
           "; or (d) by recording or storing in, or by means of, any mechanical, electronic or other device information that he knows to be false or misleading in a material particular,"; and
     (c) by adding at the end the following sub-section:
    "(2) It is a defence to a prosecution for an offence under sub-section (1) constituted by recording or storing information as mentioned in paragraph (1) (d) if it is established that, at the time when the defendant so recorded or stored the information, he had no reasonable grounds for expecting that the information would be available to any other person.".

Restrictions on use of titles "stockbroker", "sharebroker" and "stock exchange"
197. Section 133 of the Principal Act is amended—
     (a) by omitting "A person" and substituting "(1) A person"; and
     (b) by adding at the end the following sub-section:
    "(2) A body corporate that is not—
         (a) a stock exchange; or
         (b) a stock exchange within the meaning of the corresponding law of a participating State or of a participating Territory,
         shall not take or use, or by inference adopt, the name or title of stock exchange or take or use or have attached to or exhibited at any place a name, title or description implying or tending to create the belief that the body corporate is—
         (c) a stock exchange; or
         (d) a stock exchange within the meaning of the corresponding law of a participating State or of a participating Territory".

198. Section 142 of the Principal Act is repealed and the following section is substituted:

Continuing offences
"142. (1) Where—
     (a) by or under a provision, an act is required to be done within a particular period or before a particular time;
     (b) failure to do the act within that period or before that time constitutes an offence; and
     (c) the act is not done within that period or before that time,
then—