Document ID: chunk:federal_register_of_legislation:C2025C00185:section:1412:p1
Version: federal_register_of_legislation:C2025C00185
Segment Type: section
Provision Reference: s 1412 (pt 1/2)
Character Range: 5857268–5859894

1412  Treatment of proposed markets that have not started to operate by the FSR commencement
 (1) This section applies in relation to the following proposed markets, other than any such market that starts to operate before the FSR commencement:
 (a) a market proposed to be operated by Bendigo Stock Exchange Ltd, or by ASX Futures Exchange Pty Limited, that is identified in writing by the Minister as being a proposed market to which this section applies;
 (b) any other proposed market identified in, or in accordance with, regulations made for the purposes of this paragraph.
For this purpose, a proposed market is a market that a person has, before the FSR commencement, indicated an intention that they propose to operate.
 (2) This Subdivision applies in relation to a proposed market to which this section applies subject to the following paragraphs:
 (a) subject to paragraphs (b), (c) and (d), this Subdivision applies in relation to the proposed market as if the market, as proposed to be operated, were in fact being operated immediately before the FSR commencement;
 (b) if, taking account of the effect of paragraph (a), section 1413 applies in relation to the proposed market, that section applies in relation to the proposed market:
 (i) as if the Minister's obligation to grant a licence, and impose conditions, under subsection 1413(2) in relation to the market does not arise unless and until the market operator lodges with ASIC a notice in relation to the market under subsection (3) of this section, and does not arise at all if no such notice is given to ASIC by the end of 6 months after the FSR commencement; and
 (ii) as if subsection 1413(3) provided for a licence so granted under subsection 1413(2) in relation to the market, and the conditions subject to which it is granted, to be taken to have had effect from the day (the start day) specified in the subsection (3) notice as the day on which the market started to operate; and
 (iii) as if subsection 1413(6) were omitted; and
 (iv) as if the references in subsection 1413(8) to the FSR commencement were instead references to the start day;
 (c) if:
 (i) taking account of the effect of paragraph (a), section 1418, 1420, 1421 or 1422 applies to the proposed market; and
 (ii) the market operator does not lodge with ASIC a notice in relation to the market under subsection (3) of this section by the end of 6 months after the FSR commencement;
  that section ceases to apply in relation to the proposed market at the end of that period;
 (d) if a provision of this Subdivision provides for a provision of the old Corporations Act to continue