Document ID: chunk:federal_register_of_legislation:F2024C01249:reg:1:p133
Version: federal_register_of_legislation:F2024C01249
Segment Type: reg
Provision Reference: reg 1 (pt 133/148)
Character Range: 664525–667230

(b) if the dealer was not so carrying on such a business and was not carrying on a securities business outside Australia on that day—the last securities business that the dealer carried on before that day was carried on in Australia.

Subdivision 4.8—Contraventions of ASTC certificate cancellation provisions

7.5.60  Claim in respect of contravention of ASTC certificate cancellation provisions
 (1) A person who suffers pecuniary loss in respect of a contravention, by a dealer, of the ASTC certificate cancellation provisions may make a claim in respect of the loss.
 (2) The loss must not be a loss in respect of an unauthorised execution (within the meaning of paragraph 7.5.53(4)(a)) in respect of which the person has made, or is entitled to make, a claim under Subdivision 4.7.
 (3) The person must not have been involved in the contravention.
 (4) The following paragraphs must be satisfied in relation to the dealer:
 (a) the dealer was a participant of a participating market licensee on the day of the contravention;
 (b) either:
 (i) the dealer was carrying on a securities business in Australia on that day; or
 (ii) if the dealer was not so carrying on such a business on that day—the last securities business that the dealer carried on before that day was carried on in Australia.

7.5.61  How and when claim may be made
 (1) A claim must:
 (a) be in writing; and
 (b) be served on the SEGC:
 (i) if a notice under subregulation (4) applies to the claim—before the end of the last application day specified in the notice; or
 (ii) in any other case—within 6 months after the day on which the claimant first became aware that the claimant had suffered loss as a result of the dealer's contravention of the ASTC certificate cancellation provisions.
 (2) For subregulation (1), a notice under subregulation (4) applies to a claim if the claim is in respect of a contravention of the ASTC certificate cancellation provisions, by the dealer named in the notice, during the applicable period specified in the notice.
 (3) A claim that is not served on the SEGC by the time required by paragraph (1)(b) is barred unless the SEGC otherwise determines.
 (4) The SEGC may publish, in accordance with subregulation (4A), a notice, using Form 719B, that:
 (a) names a particular dealer; and
 (b) requires that all claims in respect of contraventions of the ASTC certificate cancellation provisions, by the named dealer, during a period (the applicable period) specified in the notice in accordance with subregulation (5) must be served on the SEGC before the day (the last application day) specified in the notice in accordance with subregulation (6).
 (4A) The notice is published in accordance with