Document ID: chunk:federal_register_of_legislation:C2004A04777:section:5:p10
Version: federal_register_of_legislation:C2004A04777
Segment Type: section
Provision Reference: s 5 (pt 10/16)
Character Range: 73086–76027

(a) a person claims to be entitled to money paid into an unclaimed money account under subsection 1339(2); and

SCHEDULE 7—continued

  (b) the Commission is satisfied that the person is entitled to the money;

the Commission must:

    (c) unless paragraph (d) applies—pay the money to the person out of the relevant unclaimed money account; or

    (d) if the money has been paid into the Consolidated Revenue Fund under subsection (1)—pay an equivalent amount to the person out of money appropriated by the Parliament for the purpose.".

                         SCHEDULE 8 Section 11

MISCELLANEOUS AMENDMENTS OF CORPORATIONS LAW

1. Section 9 (definition of "unauthorised stock market"):

Omit "is neither a stock market of a securities exchange nor an exempt stock market", substitute:

"is not:

  (a) a stock market of a securities exchange; or

  (b) a section 770A stock market; or

  (c) an exempt stock market;".

2. Section 9 (definition of "clients' segregated account"):

  Omit the definition, substitute:

" 'clients' segregated account', in relation to a person who is a member of a futures organisation, means an account that:

  (a) the person maintains, whether in Australia or elsewhere, with:

      (i) an Australian bank; or

      (ii) an approved foreign bank in relation to the person; and

     (b) is maintained for the sole purpose of containing money deposited by the person into the account under section 1209 or a corresponding previous law;".

3. Section 9:

  (a) Insert:

     " 'approved foreign bank', in relation to a member of a futures organisation, means a bank, established by or under the law of a foreign country, in relation to which there is in force an approval given by the futures organisation in accordance with its business rules (within the meaning of Chapter 8);".

  (b) Insert:

     " 'section 770A stock market' means a stock market in relation to which an approval under section 770A is in force;".

4. Subsection 102A(3):

  After "770," insert "770A,".

5. Subsection 120(2):

  Omit "(3)", substitute "(2)".

6. Section 122:

  Repeal the section, substitute:

SCHEDULE 8—continued

Evidentiary certificates

"122. A certificate under the Commission's common seal stating that a specified body corporate has been registered under Division 1 of Part 2.2 of the Corporations Law of this or another jurisdiction is conclusive evidence that:

  (a) all requirements of that Law in respect of:

      (i) registration of the body corporate as a company under that Division; and

      (ii) matters preceding or incidental to the registration;

     have been complied with; and

  (b) the body corporate is duly registered as a company under that Division; and

  (c) the day of commencement of the registration is the day (if any) specified as such in the certificate.".

7. Section 149:

  Repeal the section, substitute:

Evidentiary certificates

"149. A certificate under the