Document ID: chunk:federal_register_of_legislation:C2004A04041:section:1990:p103
Version: federal_register_of_legislation:C2004A04041
Segment Type: section
Provision Reference: s 1990 (pt 103/212)
Character Range: 271805–274818

819 (1) (a):

Insert ", whether within or outside this jurisdiction" after "representative" (third occurring).

Subparagraphs 819 (1) (a) (i) and (ii):

  Omit "eligible securities".

Paragraph 819 (1) (b):

  After "act" insert ", whether within or outside this jurisdiction,".

Subsection 819 (2):

  After "then" insert ", for the purposes of a proceeding in a court".

After subsection 819 (3):

  Insert:

  "(3a) Subsection (3) does not apply unless:

     (a) the conduct was engaged in, the proposed conduct would have been engaged in, or the representation was made, in this jurisdiction; or

     (b) the act referred to in paragraph (1) (b) was done, or would have been done, as the case may be, in this jurisdiction; or

SCHEDULE 1—continued

     (c) some or all of the loss or damage was suffered in this jurisdiction.".

Paragraph 819 (4) (b):

  Omit "an Australian court", substitute "a court".

Section 820 (1):

  (a) Omit "an Australian court", substitute "a court".

     (b) Insert ", whether within or outside this jurisdiction," after "particular conduct".

Subsection 820 (2):

  Omit "an Australian court", substitute "a court".

Section 823:

  Repeal the section.

Subsection 840 (1):

     (a) Omit "a law corresponding to that subsection", substitute "a corresponding previous law of this or any other jurisdiction".

  (b) Before "law" (last occurring) insert "previous".

Subsection 840 (2):

  Omit "Act", substitute "Law".

Subsection 842 (1):

  Omit the subsection, substitute the following subsection:

  "(1) This section applies:

     (a) in relation to a dealer (other than an exempt dealer) in relation to a transaction of sale or purchase of securities; or

     (b) in relation to an exempt dealer, in relation to a transaction of sale or purchase of securities that is entered into in the course of a securities business that the exempt dealer carries on in the capacity of personal representative of a dead dealer.".

Subsection 843 (1):

  Omit the subsection.

Subsection 844 (1):

  Omit the subsection.

Subsections 845 (1), (2), (3) and (4):

  Omit "eligible" (wherever occurring).

SCHEDULE 1—continued

Subsection 846 (1):

  Omit "eligible".

Subsection 847 (1):

  Omit "eligible" (wherever occurring).

Subsection 847 (6):

  Before "law" (wherever occurring), insert "previous".

Paragraph 853 (a):

  Omit "eligible".

After paragraph 854 (a):

  Insert:

      "(ba) a reference to a licensee is a reference to a person who holds a dealers licence; and".

Subsection 855 (1):

  Omit the subsection, substitute:

"(1) This Part applies in relation to a licensee in relation to his, her or its securities business, whether carried on in this jurisdiction or elsewhere.".

Subsection 855 (2):

  Omit "A condition existing by virtue of this", substitute "This".

Subsection 856 (2):

Omit "It is a condition of the licence that the dealer shall:", substitute "The dealer must:".

Subsection 856 (12):

Omit "It is a condition of the licence that where",