Document ID: chunk:federal_register_of_legislation:F2024C01249:reg:21:p20
Version: federal_register_of_legislation:F2024C01249
Segment Type: reg
Provision Reference: reg 21 (pt 20/24)
Character Range: 1523565–1526178

and
 (c) any other law (written or unwritten) that applies to the conferral; and
 (d) any document that applies to the conferral (for example, the body corporate's constitution or a relevant trust deed).
 (2) In subregulation (1), conferring a security benefit means:
 (a) paying or transferring money or property to a person because the person holds or held a Division 4 financial product; or
 (b) issuing securities to a person because the person holds or held a Division 4 financial product; or
 (c) conferring a right on a person because the person holds or held a Division 4 financial product.

Division 5—Offences

7.11.40  Stamping of broker's stamp on sufficient transfer
 (1) A broker must not stamp with a broker's stamp a document (a transfer document) that:
 (a) relates to Division 3 securities; and
 (b) may be used as a sufficient transfer under this Part;
unless the transfer document relates to a sale or purchase of the Division 3 securities, in the ordinary course of the broker's business, for a consideration of not less than their unencumbered market value at the time of the sale or purchase.
 (2) A person must not stamp a transfer document with a stamp that purports to be that of the transferor's broker unless:
 (a) the stamp is the stamp of the transferor's broker; and
 (b) apart from paragraph 7.11.17(4)(a), the transferor's broker is authorised to execute the document on the transferor's behalf; and
 (c) the person is:
 (i) the transferor's broker; or
 (ii) authorised to stamp the document on the transferor's broker's behalf.
 (3) A market licensee must not stamp with a stamp of the market licensee a document that may be used as a sufficient transfer under this Part of Division 3 securities unless:
 (a) a duly completed Part 1, relating to the Division 3 securities, has been lodged with the issuer in relation to the Division 3 securities; or
 (b) the market licensee holds a duly completed Part 1 that:
 (i) bears a certificate that purports to be that of the transferor's broker; and
 (ii) states that a duly completed Part 1, relating to the Division 3 securities, has been lodged or will be lodged with the issuer in relation to the Division 3 securities.
 (4) A person must not execute a document that:
 (a) may be used as a sufficient transfer under regulation 7.11.12 or 7.11.13; and
 (b) relates to a transfer of Division 3 securities:
 (i) made by way of a sale, gift or exchange of the Division 3 securities; or
 (ii) to or in favour of a person who is not the beneficial owner of the Division 3 securities.
 (5) A person who is not a licensed trustee company, a