Document ID: chunk:federal_register_of_legislation:C2004A03415:body:0:p11
Version: federal_register_of_legislation:C2004A03415
Segment Type: other
Provision Reference: 
Character Range: 27421–30111

for the nominated exchange as a party to the Scheme and, except in relation to a time before that commencement:
     (a) a reference in the provisions of the Scheme to the nominated exchange or to the committee of the nominated exchange were a reference to the Exchange, or to the committee of the Exchange, as the case may be; and

     (b) a reference in the provisions of the Scheme to a person ceasing to be a member of the nominated exchange were a reference to an eligible person ceasing to be a member of the Exchange.
"(3) An eligible person shall not, by reason only of ceasing by virtue of subsection 36h (1) to be a member of the nominated exchange, be taken for the purposes of the Scheme to have ceased to be a member of the nominated exchange.
"(4) Notwithstanding anything in the Scheme, amounts that the Exchange becomes liable to pay under the Scheme shall be paid only out of available money.

Exchange to take over main board listing agreements
"36l. (1) In this section:
     'listed body' means a body corporate, government, unincorporated body or other person;
     'main board listing agreement' means an agreement:
        (a) that is or has been in force between the nominated exchange and a listed body;
        (b) that relates or related to the admission of the listed body to the official list of the nominated exchange; and
        (c) under or by virtue of which the listed body is or was under an obligation to comply with, observe, or give effect to, the Listing Requirements of AASE, as adopted as listing rules of the nominated exchange.
"(2) After the relevant commencement, a main board listing agreement in force immediately before that commencement has effect, with such modifications as the circumstances require, as if the Exchange were substituted for the nominated exchange as a party to the agreement and, except in relation to a time before that commencement:
     (a) a reference in the provisions of the agreement to the nominated exchange were a reference to the Exchange;
     (b) a reference in the provisions of the agreement to the Listing Requirements of AASE, or to listing rules of the nominated exchange, were a reference to the listing rules of the Exchange; and
     (c) a reference in the provisions of the agreement to the official list of the nominated exchange were a reference to the official list of the Exchange.
"(3) Where, immediately before the relevant commencement, proceedings:
     (a) to which the nominated exchange was a party; and
     (b) that arose out of, or were otherwise connected with, a main board listing agreement;

were pending in a court or tribunal, the Exchange shall indemnify the nominated exchange