Document ID: chunk:federal_register_of_legislation:F2024C01249:reg:1:p119
Version: federal_register_of_legislation:F2024C01249
Segment Type: reg
Provision Reference: reg 1 (pt 119/148)
Character Range: 630036–632691

or not a person deals in securities.
 (4) An act done on behalf of the person by:
 (a) the holder of a dealers licence; or
 (b) an exempt dealer; or
 (c) the holder of an Australian financial services licence; or
 (d) a person who is exempted from holding an Australian financial services licence by virtue of subsection 911A(2), (2A), (2B), (2C), (2D) or (2E) of the Act;
must be disregarded.
 (5) An act that the person does:
 (a) while employed by, or acting for or by arrangement with, a dealer; and
 (b) as an employee or agent of, or otherwise on behalf of, on account of, or for the benefit of, the dealer; and
 (c) in connection with a securities business carried on by the dealer;
is to be disregarded.
 (6) An act or acts done by the person that constitutes or together constitute a dealing by the person in a futures contract (within the meaning of the old Corporations Act) is or are to be disregarded.

7.5.08  Meaning of securities business: Subdivision 4.9
  For Subdivision 4.9, each of the following is a securities business:
 (a) a financial services business of dealing in securities;
 (b) a financial services business of dealing in financial products that were option contracts within the meaning of paragraph 92(1)(e) of the old Corporations Act.

7.5.09  Meaning of security
 (1) For this Part (other than Subdivision 4.7), each of the following is a security:
 (a) a security mentioned in section 761A of the Act;
 (b) Division 3 securities;
 (c) non‑Division 3 securities;
 (d) an interest in a notified foreign passport fund that is quoted on the financial market of the Australian Stock Exchange Limited;
 (e) rights (whether existing or future, and whether contingent or not) to acquire, by way of issue, an interest referred to in paragraph (d) (whether or not on payment of any money or for any other consideration).
 (2) For Subdivision 4.7, each of the following is a security:
 (a) Division 3 securities;
 (b) non‑Division 3 securities;
 (c) an interest in a notified foreign passport fund that is quoted on the financial market of the Australian Stock Exchange Limited;
 (d) rights (whether existing or future, and whether contingent or not) to acquire, by way of issue, an interest referred to in paragraph (c) (whether or not on payment of any money or for any other consideration).

7.5.10  Meaning of transfer of securities
 (1) A transfer of securities takes place between a person (the transferor) and another person (the transferee) only if:
 (a) in the case of an ASTC‑regulated transfer—the transferor does, or causes to be done, all things that the ASTC operating rules require to be done by or on behalf of the