Document ID: chunk:federal_register_of_legislation:C2004A04777:section:5:p13
Version: federal_register_of_legislation:C2004A04777
Segment Type: section
Provision Reference: s 5 (pt 13/16)
Character Range: 80999–83972

SCHEDULE 8—continued

Section 770A stock markets—separate markets exist in relation to different kinds of prescribed interests

"770B.(1) For the purposes of subsections 770A(1) and (2), separate stock markets exist in relation to different kinds of prescribed interests even though:

  (a) the stock markets are conducted by the same body corporate; and

    (b) the same business rules of the body corporate apply to the conduct of the stock markets.

  "(2) For the purposes of subsection (1):

    (a) unless paragraph (b) applies, the prescribed interests to which a particular deed relates constitute a kind of prescribed interests; but

    (b) if a particular deed relates to a number of different undertakings in relation to prescribed interests—the prescribed interests to which the deed relates are taken to be divided into a number of kinds, with each kind consisting of the prescribed interests to which a particular one of those undertakings relates.

Section 770A stock markets—regulations may make additional provision

"770C. The regulations may make provision, in relation to section 770A stock markets, for matters of a kind dealt with in sections 774 to 779 (inclusive) and section 1114.".

15. Section 772:

  After "770(2)" insert ", 770A(2)".

16. Paragraph 896(b):

  Omit the paragraph, substitute:

  "(b) contributions that members pay to the securities exchange under section 902;

  (ba) money paid into the fidelity fund under section 904;".

17. Paragraph 930(e):

  Omit the paragraph, substitute:

  "(e) money paid into the Fund under section 938 or 940;".

18. After subsection 1113(1):

  Insert:

  "(1A) In this section:

'securities' includes marketable securities, and marketable rights, within the meaning of Division 3.".

SCHEDULE 8—continued

19. After subsection 1113(6):

  Insert:

"(6A) Subsection (6) applies in relation to Division 3 as if the forms in Schedule 2 were provisions of that Division.".

20. After subsection 1127(1):

  Insert:

"(1A) A person must not contravene a condition specified in a declaration in force under this section.

"(1B) If a person has contravened a condition specified in a declaration in force under this section, the Court may, on the Commission's application, order the person to comply with the condition.".

21. Subsection 1154(1):

  Omit "a corporation that is".

22. After subsection 1209(4):

  Insert:

"(4A) A clients' segregated account of a futures broker must be designated as a clients' segregated account, unless it is maintained outside Australia and the law in force in the place where it is maintained requires it to be designated in some other way.

  "(4B) If:

    (a) a clients' segregated account of a futures broker is required by subsection (4A) to be designated as a clients' segregated account; and

    (b) the account is designated in a way that complies substantially, but not completely, with that requirement;

subsection (4A) is taken to be complied with