Document ID: chunk:federal_register_of_legislation:C2004A03231:schedule:1:p4
Version: federal_register_of_legislation:C2004A03231
Segment Type: schedule
Provision Reference: sch 1 (pt 4/23)
Character Range: 228419–231324

stock market in relation to which, or a stock market included in a class of stock markets, being a class in relation to which, a declaration under sub-section 37 (1a) is in force;";
         (j) by omitting ", the Primary Industry Bank of Australia" from paragraph (a) of the definition of "investment adviser" in sub-section (1);
     (k) by inserting after the definition of "officer" in sub-section (1) the following definition:
         "'on', in relation to a stock market, includes at or by means of;";
     (m) by omitting the definition of "prescribed interest" in sub-section (1) and substituting the following definitions:
         "'participation interest' means any right to participate, or any interest—
             (a) in any profits, assets or realisation of any financial or business undertaking or scheme whether in the Territory or elsewhere;
             (b) in any common enterprise, whether in the Territory or elsewhere, in relation to which the holder of the right or interest is led to expect profits, rent or interest from the efforts of the promoter of the enterprise or a third party; or
             (c) in any investment contract,
        whether or not the right or interest is enforceable, whether the right or interest is actual, prospective or contingent, whether or not the right or interest is evidenced by a formal document and whether or not the right or interest relates to a physical asset, but does not include—
             (d) such a right that is a right to participate in a time-sharing scheme;
             (e) any share in, or debenture of, a corporation;
             (f) any interest in, or arising out of, a policy of life insurance; or
             (g) an interest in a partnership agreement, unless the agreement or proposed agreement—
                (i) relates to an undertaking, scheme, enterprise or investment contract promoted by or on behalf of a person whose ordinary business is or includes the promotion of similar undertakings, schemes, enterprises or investment contracts, whether or not that person is, or is to become, a party to the agreement or proposed agreement; or

                (ii) is or would be an agreement, or is or would be within a class of agreements, prescribed by the regulations for the purposes of this paragraph;
         'prescribed interest' means—
             (a) a participation interest; or
             (b) a right, whether enforceable or not, whether actual, prospective or contingent and whether or not evidenced by a formal document, to participate in a time-sharing scheme,
       but does not include a right or interest, or a right or interest included in a class or kind of rights or interests, declared by the regulations to be an exempt right or interest, or a class or kind of exempt rights or interests;";
     (n) by inserting after the definition of "quarter day" in sub-section (1) the following