Document ID: chunk:federal_register_of_legislation:F2024C01249:reg:21:p15
Version: federal_register_of_legislation:F2024C01249
Segment Type: reg
Provision Reference: reg 21 (pt 15/24)
Character Range: 1510912–1513681

the constitution; and
 (ii) the transferee will not impede compliance by another person with any requirement imposed on the other person by the constitution.
 (4) In this regulation:
right means a right, whether existing or future, and whether contingent or not, of a person to have any of the following issued to the person, whether or not on payment of any money or for any other consideration:
 (a) a share in a company (including a body to which section 1073C of the Act applies);
 (b) a debenture of a company (including a body to which section 1073C of the Act applies);
 (c) an interest in a registered scheme mentioned in regulations made under paragraph 1073A(1)(c) of the Act.

7.11.29  Warranties by participant if identification code is included in transfer document
 (1) This regulation applies if the transfer document for a proper ASTC transfer of a Division 4 financial product includes a participant's identification code as the identification code of the participant effecting the transfer.
 (2) If the participant is the transferor, the participant is taken to have warranted that:
 (a) the transfer was effected by the participant; and
 (b) the transferor was legally entitled or authorised to transfer the Division 4 financial product.
 (3) Subregulation (4) applies if:
 (a) the participant is not the transferor; and
 (b) the transfer is pursuant to a transaction in relation to which, or to transactions in relation to each of which, one of the following conditions is satisfied:
 (i) the transaction was entered into in the ordinary course of trading on a financial market;
 (ii) the transaction is, under the operating rules of a market licensee, described, or to be described, as 'special' when it is reported to the market licensee.
 (4) The participant is taken to have warranted that:
 (a) the transferor was legally entitled or authorised to transfer the Division 4 financial product; and
 (b) the transfer was effected by the participant; and
 (c) the participant was authorised by the transferor to effect the transfer.
 (5) Subregulation (6) applies if:
 (a) the participant is not the transferor; and
 (b) the transfer is not pursuant to a transaction in relation to which, or to transactions in relation to each of which, one of the following conditions is satisfied:
 (i) the transaction was entered into in the ordinary course of trading on a financial market;
 (ii) the transaction is, under the operating rules of a market licensee, described, or to be described, as 'special' when it is reported to the market licensee.
 (6) The participant is taken to have warranted that:
 (a) the transfer was effected by the participant; and
 (b) the participant was authorised by the transferor to effect the transfer.

7.11.30  Indemnities