Document ID: chunk:federal_register_of_legislation:C2004A03415:body:0:p6
Version: federal_register_of_legislation:C2004A03415
Segment Type: other
Provision Reference: 
Character Range: 14744–17490

the Exchange:
     (a) has such functions and powers as are conferred on it by a relevant Act; and
     (b) shall perform any functions, and may exercise any powers, that are conferred, or expressed to be conferred, on it by a State Act or by a regulation or other instrument made under, or by virtue of, a State Act.
"(2) Section 68 of the Companies Act 1981 does not apply in relation to a function or power conferred, or expressed to be conferred, as mentioned in paragraph (1) (a) or (b) of this section.
"(3) Except so far as the contrary intention appears, a reference in this Act to functions or powers of the Exchange includes a reference to functions or powers conferred, or expressed to be conferred, as mentioned in paragraph (1) (a) or (b).

Memorandum, articles, listing rules and business rules of Exchange
"36e. (1) The memorandum of the Exchange is the proposed memorandum of the Exchange that AASE lodged with the Commission before the relevant commencement.
"(2) The articles of the Exchange are the proposed articles of the Exchange that AASE lodged with the Commission before the relevant commencement.

"(3) The memorandum and articles of the Exchange shall be deemed to have been registered at the relevant commencement under the Companies Act 1981 and that Act has effect accordingly.
"(4) As from the relevant commencement, the proposed listing rules, and the proposed business rules, of the Exchange that AASE lodged with the Commission before that commencement shall be deemed for the purposes of a relevant Act to be rules made by the Exchange at that commencement under its articles.

New memorandum and articles of nominated exchange
"36f. (1) As from the relevant commencement, the memorandum of the nominated exchange is the proposed new memorandum of the nominated exchange that AASE lodged with the Commission before that commencement.
"(2) As from the relevant commencement, the articles of the nominated exchange are the proposed new articles of the nominated exchange that AASE lodged with the Commission before that commencement.
"(3) This section has effect notwithstanding anything in the Companies Act 1981 but, as from the relevant commencement, that Act applies in relation to the memorandum and articles of the nominated exchange as if they had been registered as such under that Act.

Membership of Exchange
"36g. (1) A person who immediately before the relevant commencement was a member of the nominated exchange otherwise than by reason only of being, for the purposes of the nominated exchange's articles, a Registered Options Member becomes at that commencement a member of the Exchange.
"(2) A person of a kind declared, by a provision of a law of a participating State or participating Territory