Document ID: chunk:federal_register_of_legislation:C2004A04041:section:1990:p201
Version: federal_register_of_legislation:C2004A04041
Segment Type: section
Provision Reference: s 1990 (pt 201/212)
Character Range: 521275–524309

another jurisdiction; or

     (b) referred to in an agreement or arrangement of the kind referred to in subsection (8).".

Subsection 12 (1):

  Add at the end "under a national scheme law of this jurisdiction".

Subsection 13 (1):

Insert "of this jurisdiction" after "national scheme law" (first occurring).

Subsection 13 (2):

Omit "Corporations Act 1989", substitute "Corporations Law of this jurisdiction".

Paragraph 13 (2) (a):

  Omit "Act", substitute "Law".

Section 13:

  Add at the end:

"(3) Where the Commission has reason to suspect that a contravention of a relevant previous law of this jurisdiction may have

SCHEDULE 7—continued

been committed, the Commission may make such investigation as it thinks appropriate.

"(4) Neither of subsections (1) and (3) limits the generality of the other.

  "(5) Where:

     (a) immediately before the commencement of this subsection, the NCSC was investigating a matter under a relevant previous law of this jurisdiction; and

     (b) either or both of subsections (1) and (3) empower the Commission to investigate that matter;

then:

     (c) the Commission may continue the NCSC's investigation of that matter; and

     (d) the investigation, as continued by the Commission, is taken to be an investigation under that subsection, or each of those subsections, as the case may be.".

Subsection 14 (1):

  Insert "in respect of this jurisdiction" after "public interest".

Subsection 14 (2):

Insert "any of the following, whether occurring, or alleged to have occurred, within this jurisdiction or elsewhere" after "matter relating to".

Paragraph 14 (2) (a):

  After "law" insert "or of a relevant previous law of a jurisdiction".

Paragraph 14 (2) (b):

  Before "Territory" insert "State or".

Paragraph 14 (2) (d):

  Omit "eligible".

Paragraph 14 (2) (e):

   Omit the paragraph, substitute:

   "(e) dealing in futures contracts;".

Paragraph 14 (2) (f):

  Omit the paragraph, substitute:

     "(f) the establishment or conducting of a stock market or futures market;".

SCHEDULE 7—continued

Paragraphs 14 (2) (g) and (h):

  Omit the paragraphs, substitute:

  "(g) the provision of clearing house facilities for a futures market;".

Paragraphs 14 (2) (j) and (k):

  Omit the paragraphs, substitute:

      "(j) the giving of advice, analyses or reports about securities or futures contracts.".

After section 14:

  Insert:

Directions under relevant previous laws

"14a. (1) This section applies where, immediately before the commencement of this section:

  (a) a direction was in force under:

         (i) subsection 290 (4) or 291 (1), (2) or (3) of the relevant previous law of this jurisdiction relating to the formation of companies; or

         (ii) subsection 16 (1), (2) or (3) of the relevant previous law of this jurisdiction relating to the securities industry; or

         (iii) subsection 22 (1), (2) or (3) of the relevant previous law of this jurisdiction relating to the futures industry; and

     (b) no investigation pursuant to