Document ID: chunk:federal_register_of_legislation:C2004A03231:schedule:1:p6
Version: federal_register_of_legislation:C2004A03231
Segment Type: schedule
Provision Reference: sch 1 (pt 6/23)
Character Range: 233926–236662

by inserting after the definition of "time-sharing scheme" in sub-section (1) the following definition:
         "'trading', in relation to securities, in relation to a stock market, includes—
             (a) making or accepting on that stock market offers to sell, purchase or exchange the securities; and
             (b) making on that stock market offers or invitations that are intended, or may reasonably be expected, to result, whether directly or indirectly, in the making or acceptance of offers to sell, purchase or exchange the securities;";
     (v) by inserting after sub-section (7) the following sub-section:
    "(7a) a regulation made for the purposes of sub-paragraph (g) (ii) of the definition of 'participation interest' in sub-section (1) does not apply to an agreement or a class of agreements relating to a partnership—
         (a) being a partnership for the carrying on of a profession or trade where a person carrying on that profession or trade is required by any law of the Commonwealth, of a State or of a Territory to be registered, licensed or otherwise authorised in order to do so; and
         (b) the business of which does not include any business other than the business of a partnership referred to in paragraph (a)."; and
     (w) by inserting after sub-section (8) the following sub-section:

    "(8a) A reference in this Act to an option contract to which this Act applies is a reference to—
         (a) a contract under which a party to the contract acquires from another party to the contract an option or right, exercisable at or before a specified time, to purchase from, or to sell to, that other party a specified number of specified securities, or of securities included in a specified class of securities, at a price specified in, or to be determined in accordance with, the contract; or
         (b) a contract entered into on a stock market of a securities exchange or on an exempt stock market, being a contract under which a party to the contract acquires from another party to the contract an option or right, exercisable at or before a specified time—
             (i) to purchase from, or to sell to, that other party a specified amount of a specified foreign currency, or a specified quantity of a specified commodity, at a price specified in, or to be determined in accordance with, the contract; or
             (ii) to be paid by that other party an amount of money to be determined by reference to the amount by which a specified number is greater or less than the number of a specified index, being the Australian Stock Exchanges All Ordinaries Price Index or a prescribed index, as at the time when the option or right is exercised.".
(2) Section 4 of the Principal Act