Document ID: chunk:federal_register_of_legislation:C2004A04501:schedule:2:p19
Version: federal_register_of_legislation:C2004A04501
Segment Type: schedule
Provision Reference: sch 2 (pt 19/22)
Character Range: 482778–485502

liabilities

"1109G.(1) If 2 or more persons are taken to have warranted as mentioned in subsection 1109E(2), (3) or (4), they are taken to have so warranted jointly and severally.

"(2) If 2 or more persons are liable as mentioned in subsection 1109F(1), (2) or (3), they are so liable jointly and severally.

Quoted securities and rights from other jurisdictions: effect of sections 1109E, 1109F and 1109G

"1109H.(1) Sections 1109E, 1109F and 1109G apply in relation to quoted securities and quoted rights, within the meaning of the Corporations Law of another jurisdiction, and, for the purposes of those sections as so applying:

    (a)     subject to paragraph (b), an expression has the same meaning in those sections as in Division 3 of Part 7.13 of that Law; and

    (b)    a reference in section 1109E to a transfer document is taken to be a reference to a transfer document, within the meaning of that Division, that purports to have been completed in this jurisdiction.

"(2) The effect that a provision has because of subsection (1) is additional to, and does not prejudice, the effect the provision otherwise has.

Securities clearing house entitled to assume its business rules complied with

"1109J.(1) The securities clearing house is entitled to assume without inquiry, in the absence of knowledge to the contrary, that anything purporting to be done under the SCH business rules in connection with a transfer of a quoted security or quoted right has been done in accordance with those rules.

"(2) If, in reliance on subsection (1), the securities clearing house assumes that a thing was done in accordance with the SCH business rules then, for the purposes of this Law (including the definition of 'proper SCH transfer' in section 9), the thing is taken to have been done in accordance with those rules.

"(3) If the securities clearing house is acting on behalf of the issuing body in relation to quoted securities or quoted rights when, in reliance on subsection (1), it assumes that a thing was done in accordance with the SCH business rules, then the issuing body is also taken to assume, and to be entitled to assume, that the thing was so done.

SCH-regulated transfer not to be registered unless proper SCH transfer

"1109K.(1) The issuing body in relation to a quoted security or quoted right must not register, or otherwise give effect to, an SCH-regulated transfer of the security or right unless the transfer is a proper SCH transfer.

"(2) Subsection (1) has effect despite anything in the body's constitution or in a deed relating to debentures or interests (including prescribed interests).

Issuing body not to refuse to register proper SCH transfer

"1109L. The issuing body in relation