Document ID: chunk:federal_register_of_legislation:C2004A03231:schedule:1:p11
Version: federal_register_of_legislation:C2004A03231
Segment Type: schedule
Provision Reference: sch 1 (pt 11/23)
Character Range: 247006–249854

(a) by omitting from sub-section (2) "questions and answers" (wherever occurring) and substituting "statements"; and
     (b) by omitting from sub-section (3) "question and answer" and substituting "statement".

Provisions relating to reports
180. Section 30 of the Principal Act is amended by inserting after sub-section (9) the following sub-sections:
"(9a) A copy of a report of an inspector under this Division purporting to be certified as such a report by the Commission is admissible in civil proceedings as evidence of any facts or matters stated in the report to have been found to exist by the inspector.
"(9b) A copy of a report of the Commission under this Division purporting to be certified as such a report by the Commission is admissible in civil proceedings as evidence of any facts or matters stated in the report to have been found to exist by the Commission.".

Power of Commission to make certain orders
181. Section 35 of the Principal Act is amended by omitting sub-section (6).

Heading to Part III
182. The heading to Part III of the Principal Act is amended by omitting "STOCK" and substituting "SECURITIES".

Establishment, &c., of stock markets
183. Section 37 of the Principal Act is amended—
     (a) by omitting from sub-section (1) "not the stock market of a stock exchange" and substituting "neither a stock market of a securities exchange nor an exempt stock market"; and
     (b) by inserting after sub-section (1) the following sub-sections:
    "(1a) The Ministerial Council may, by instrument in writing, declare that a specified stock market, or a stock market included in a specified class of stock markets, is, subject to any specified conditions, an exempt stock market for the purposes of this Act.
    "(1b) Without limiting the matters to which the Ministerial Council may have regard in considering whether to vary or revoke a declaration in force under sub-section (1a), the Ministerial Council may, in so considering, have regard to a breach of a condition specified in the declaration.".

Power of Ministerial Council to approve stock exchange
184. Section 38 of the Principal Act is amended by omitting from sub-section (1) "the prescribed form" and substituting "writing".

185. After section 38 of the Principal Act the following sections are inserted:

Power of Ministerial Council to approve body corporate as approved securities organisation
"38a. (1) A body corporate that proposes to establish, maintain or provide a stock market may lodge with the Commission an application in writing for approval by the Ministerial Council as an approved securities organisation.
"(2) The Ministerial Council may, by instrument in writing, approve as an approved securities organisation a body corporate that makes an application under sub-section (1) if it is satisfied—
     (a) that the business rules