Document ID: chunk:federal_register_of_legislation:C2004A03415:body:0:p23
Version: federal_register_of_legislation:C2004A03415
Segment Type: other
Provision Reference: 
Character Range: 57776–60281

sale of the securities by the seller to the purchaser and the purchase of the securities by the purchaser from the seller.

"(4) Except so far as the contrary intention appears, a reference in this Part to a sale, or to a purchase, includes a reference to a sale or purchase the agreement for which is made outside the Territory, whether within Australia or not.
"(5) A reference in this Part to carrying on a business of a particular kind is a reference to carrying on a business of that kind, whether or not as part of, or in conjunction with, any other business.
"(6) A reference in this Part to a business being carried on in the Territory includes a reference to the business being carried on both in the Territory and outside it, whether within Australia or not.
"(7) A person who, or a partner in a partnership that, contravenes a provision of this Part is guilty of an offence neither by virtue of that provision nor by virtue of section 141.

Excluded persons
"122ab. (1) In this Part, 'excluded person', in relation to a member of a participating exchange, means:
     (a) in any case—the member;
     (b) if the member is a member organisation of the participating exchange and is not a body corporate:
        (i) a person who is the spouse, or who is a relative, of the member;
        (ii) a trustee of a trust in relation to which the member or a person of a kind referred to in subparagraph (i) is capable of benefiting; or
        (iii) a body corporate of which the member is an officer, or in which the member or a person of a kind referred to in subparagraph (i) has, or the member and such a person, the member and 2 or more such persons, or 2 or more such persons, together have, a controlling interest;
     (c) if the member is a member organisation of the participating exchange and is a body corporate:
        (i) a person who is an officer of the body corporate;
        (ii) a body corporate that is related to the first-mentioned body corporate;
        (iii) a person who is the spouse, or who is a relative, of a person of a kind referred to in subparagraph (i);
        (iv) a trustee of a trust in relation to which a person of a kind referred to in subparagraph (i) or (iii) is capable of benefiting; or
        (v) a body corporate in which a person of a kind referred to in subparagraph (i) or (iii) has, or 2 or more such persons together have, a controlling interest;

     (d) if the member is a partner in a member organisation of the participating exchange and is