Document ID: chunk:federal_register_of_legislation:C2004A04707:front:0:p20
Version: federal_register_of_legislation:C2004A04707
Segment Type: other
Provision Reference: 
Character Range: 49874–52592

a stock market of the securities exchange is taken to be a person aggrieved by the failure.

"(5) Subsection (4) does not limit the circumstances in which a person may be aggrieved by a failure for the purposes of subsection (1).".

90. Subsection 779(1):

  Insert:

" 'delisting or suspension decision' means a decision by a securities exchange:

     (a) whether or not to remove an entity from an official list of the exchange; or

     (b) whether or not to stop or suspend quotation of securities on a stock market of the exchange;

'information' means information given orally, in a document or otherwise;

'listed entity', in relation to a securities exchange, means an entity included in an official list of the exchange;

'rules', in relation to a securities exchange, means the exchange's business rules or listing rules.".

91. Section 779:

  Add at the end:

"(5) A securities exchange has qualified privilege in respect of the publication of information, or a document, given to the exchange by a listed entity under a provision of this Law or of the exchange's rules.

  "(6) Subsection (5) does not apply if:

     (a) this Law, or the exchange's rules, as the case may be, expressly or impliedly authorised the entity to limit the purposes for which it gave the information or document to the exchange; and

     (b) when giving the information or document, the entity limited those purposes as so authorised; and

  (c) the publication is not solely for one or more of the limited purposes.

"(7) A securities exchange has qualified privilege in respect of the publication of:

SCHEDULE 1—continued

     (a) information about a request by the exchange to a listed entity for information in relation to compliance by the entity with, or a contravention by the entity of, this Law or the exchange's rules; or

     (b) information, or a document, given to the exchange by a listed entity in response to such a request.

"(8) A securities exchange has qualified privilege in respect of the publication of:

    (a) an oral or written statement describing a delisting or suspension decision or the reasons for, or action taken because of, such a decision; or

    (b) an oral or written statement to the effect that the exchange is considering whether to make such a decision; or

    (c) information given, or a document prepared, given or produced, by a person (whether an officer of the exchange or not) in the course of, for the purposes of, or otherwise in connection with, the exchange making such a decision.

"(9) An officer of a securities exchange has qualified privilege in respect of an act:

    (a) that is done in the course of performing functions or exercising powers as an officer of