Document ID: chunk:federal_register_of_legislation:C2004A04041:section:1990:p123
Version: federal_register_of_legislation:C2004A04041
Segment Type: section
Provision Reference: s 1990 (pt 123/212)
Character Range: 324994–327825

order given to the person, prohibit the person from publishing or broadcasting statements about:

  (a) futures contracts; or

  (b) businesses carried on, or proposed to be carried on, by persons

SCHEDULE 1—continued

     and involving dealing in futures contracts on behalf of other persons; or

(c) futures advice businesses or proposed futures advice businesses; unless the form and content of the statements have first been approved by the Commission.".

Before section 1206:

  Insert:

Application of sections 1206 and 1207: exempt brokers

"1205a. Neither of sections 1206 and 1207 applies in relation to an exempt broker, except in so far as the exempt broker carries on a futures broking business as a personal representative of a dead futures broker.".

Subsection 1209 (1) (paragraphs (b) and (d) of the definition of "client"):

  Before "a" insert "if the broker is a body corporate—".

Paragraph 1209 (3) (a):

  After "effected," insert "whether in this jurisdiction or elsewhere".

Paragraph 1209 (3) (b):

  After "contracts" insert ", whether in this jurisdiction or elsewhere".

Subsection 1209 (4):

  After "effected" insert ", whether in this jurisdiction or elsewhere,".

Subsection 1209 (18):

Before "against" insert ", under an agreement, under an Australian law or otherwise,".

Section 1212:

  Repeal the section, substitute:

Application of Part

"1212. (1) This Part applies in relation to a futures broker in relation to his, her or its business of dealing in futures contracts, whether carried on in this jurisdiction or elsewhere.

"(2) This Part does not affect the operation of Parts 3.6 and 3.7 in relation to a company that holds a futures brokers licence or in relation to a business of dealing in futures contracts that such a company carries on.".

Paragraphs 1215 (2) (a) and (d) and (3) (a):

  Add at the end "or".

SCHEDULE 1—continued

Paragraphs 1215 (2) (c) and (3) (c):

  Omit "Act", substitute "Law".

Paragraphs 1215 (2) (e) and (3) (f):

After "the futures broker or" insert ", if the futures broker is a body corporate,".

Paragraph 1215 (2) (f):

  Omit the paragraph, substitute the following paragraphs:

  "(f) the person is a partner or employee of the futures broker; or

      (g) in a case where the futures broker is a body corporate—the person is:

          (i) an officer of the body; or

          (ii) a partner, employer or employee of an officer of the body; or

          (iii) a partner or employee of an employee of an officer of the body.".

Paragraphs 1215 (3) (d), (e) and (f):

  Add at the end "and".

Paragraph 1215 (3) (g):

  Omit the paragraph, substitute the following paragraphs:

      "(ga) no member of the firm is a partner or employee of the futures broker; and

      (g) in a case where the futures broker is a body corporate—no member