Document ID: chunk:federal_register_of_legislation:F2024C01249:reg:21:p16
Version: federal_register_of_legislation:F2024C01249
Segment Type: reg
Provision Reference: reg 21 (pt 16/24)
Character Range: 1513429–1516319

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 in respect of warranted matters: transfer not effected by the participant
 (1) This regulation applies if:
 (a) a participant is taken by regulation 7.11.29 to have warranted, in relation to a proper ASTC transfer of a Division 4 financial product, that the transfer was effected by the participant; and
 (b) the transfer was not effected by the participant.
 (2) The participant is liable to indemnify each of the following against any loss or damage arising from the transfer not having been effected by the participant:
 (a) the issuer in relation to the Division 4 financial product;
 (b) the transferor;
 (c) the transferee;
 (d) if a participant acted as the transferee's agent in the transfer—that participant;
 (e) the prescribed CS facility operated by ASTC;
 (f) if TNS Clearing Pty Limited is the counter‑party in the transaction—TNS Clearing Pty Limited;
 (g) if Options Clearing House Pty Limited is the counter‑party in the transaction—Options Clearing House Pty Limited.
 (3) For this regulation, the effect of regulation 7.11.26 is to be disregarded in determining whether a person:
 (a) was legally entitled or authorised to transfer Division 4 financial products; or
 (b) was authorised by another person to effect a transfer of Division 4 financial products.

7.11.31  Indemnities in respect of warranted matters: transferor not legally entitled or authorised to transfer Division 4 financial products
 (1) This regulation applies if:
 (a) a participant is taken by regulation 7.11.29 to have warranted, in relation to a proper ASTC transfer of a Division 4 financial product, that the transferor was legally entitled or authorised to transfer the Division 4 financial product; and
 (b) the transferor was not legally entitled or authorised to transfer the Division 4 financial product.
 (2) The participant is liable to indemnify each of the following against any loss or damage arising from the transferor not having been legally entitled or authorised to transfer the Division 4 financial product:
 (a) the issuer in relation to the Division 4 financial product;
 (b) the transferee;
 (c) if a participant acted as the transferee's agent in the transfer—that participant;
 (d) the prescribed CS facility operated by ASTC;
 (e) if TNS Clearing Pty Limited is the counter‑party in the transaction—TNS Clearing Pty Limited;
 (f) if Options Clearing House Pty Limited is the counter‑party in the transaction—Options Clearing House Pty Limited.
 (3) For this regulation, the effect of regulation 7.11.26 is to be disregarded in determining whether a person:
 (a) was legally entitled or authorised to transfer Division 4