Document ID: chunk:federal_register_of_legislation:F2023C00208:reg:17:p2
Version: federal_register_of_legislation:F2023C00208
Segment Type: reg
Provision Reference: reg 17 (pt 2/3)
Character Range: 46516–49381

to be separate capacities;
                   (b) where a person is acting on their own behalf under paragraph (4A)(a) and another person is acting on the person's behalf under paragraph (4A)(c), the person is taken to be acting in the same capacity; and
                   (c) in paragraph (4A)(b), where a person is acting on behalf of a person under an arrangement and is acting on behalf of another person under a different arrangement, the person is taken to be acting in a different capacity for each arrangement.";
(f) omit subregulation 7.9.99(5) (excluding the heading), substitute:
                "(5) Unless the contrary intention appears, a reference in this Division to a time is a reference to the legal time in Sydney, New South Wales.";
(g) omit paragraph 7.9.100(1)(d), substitute:
                "(d) the seller's short position as at:
(i) where the nominated time is, or corresponds to a time that is, on or before 11:59 pm in Sydney, New South Wales—the nominated time 3 reporting days before the day the particulars must be given under subregulation (4); and
(ii)  otherwise—the nominated time 2 reporting days before the day the particulars must be given under subregulation (4).";
(h) after subregulation 7.9.100(1) insert:
                "(1A) For the purposes of paragraph (1)(d), the short position in relation to a section 1020B product is to be calculated by reference to both of the following:
                   (a) the section 1020B product for which the seller has a presently exercisable and unconditional right to vest in the buyer under a securities lending arrangement;
                   (b) the section 1020B product for which the seller does not have a presently exercisable and unconditional right to vest in a buyer but who does not have to comply with subsection 1020B(2) of the Act in relation to the sale.";
(i)  in subregulation 7.9.102(1A) after "under section 1020AB of the Act" (twice occurring) insert "(or in accordance with a legislative instrument made under section 1020F of the Act)";
(2) Part 7.9 of the Act applies in relation to section 1020B products as if section 1020AA were modified or varied by, after subsection (4), inserting:
            "(5) For the purposes of applying this Division to a sale of a section 1020B product that is a CGS depository interest, a reference to a listed entity or a listed product is to be read as if there were a listed entity to which that product relates.";
(3) Part 7.9 of the Act applies in relation to section 1020B products as if section 1020AB were modified or varied by omitting paragraph (3)(a) and substituting:
            "(a) give the entity mentioned in subsection (4) particulars specified in the regulations in relation to:
                (i) the circumstances mentioned in paragraphs (1)(a), (b) and (c); or
                (ii) the sale of a section