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Securities Industry Amendment Act 1981

No. 3 of 1981

An Act to amend the Securities Industry Act 1980

[Assented to 5 March 1981]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title, &c.
1. (1) This Act may be cited as the Securities Industry Amendment Act 1981.
(2) The Securities Industry Act 19801 is in this Act referred to as the Principal Act.

Commencement
2. This Act shall come into operation on the day on which the Securities Industry Act 1980 comes into operation.

Interpretation
3. Section 4 of the Principal Act is amended—
     (a) by omitting the definition of "banker's books" in sub-section (1) and substituting the following definitions:
         "'banker's books' means—
           (a) books of a banking corporation, including any documents used in the ordinary business of a banking corporation;

           (b) cheques, orders for the payment of money, bills of exchange and promissory notes in the possession or under the control of a banking corporation; and
           (c) securities or documents of title to securities in the possession or under the control of a banking corporation whether by way of pledge or otherwise;
         "'banking corporation' means—
           (a) a bank as defined in section 5 of the Banking Act 1959;
           (b) the Primary Industry Bank of Australia; or
           (c) a bank constituted under a law of a State or Territory;";
     (b) by omitting "of affairs" from the definition of "executive officer" in sub-section (1);
     (c) by omitting "its creditors" from paragraph (e) of the definition of "officer" in sub-section (1) and substituting "another person or other persons";
     (d) by omitting "a share" from the definition of "voting share" in sub-section (1) and substituting "an issued share"; and
     (e) by omitting from sub-section (7) "that Act" and substituting "that Ordinance".

Relevant interests in securities
4. Section 5 of the Principal Act is amended—
     (a) by omitting from sub-sections (4) and (7) "20%" and substituting "the prescribed percentage"; and
     (b) by omitting from sub-section (7) "in a share".

Power of Commission to require production of books
5. Section 8 of the Principal Act is amended—
     (a) by inserting before sub-section (1) the following sub-section:
    "(1a) The powers of the Commission under sub-section (1), or the powers of an authorized person under sub-section (2), to make a requirement of a corporation or person shall not be exercised except—
         (a) for the purpose of the performance of a function or the exercise of a power by the Commission under an Act that is a relevant Act for the purposes of the Companies and Securities (Interpretation and Miscellaneous Provisions) Act 1980; or
         (b) where the requirement relates to a matter that constitutes