Document ID: chunk:federal_register_of_legislation:F2024C01249:reg:21:p21
Version: federal_register_of_legislation:F2024C01249
Segment Type: reg
Provision Reference: reg 21 (pt 21/24)
Character Range: 1525972–1528727

sale, gift or exchange of the Division 3 securities; or
 (ii) to or in favour of a person who is not the beneficial owner of the Division 3 securities.
 (5) A person who is not a licensed trustee company, a Public Trustee of a State or Territory, or a company listed in Schedule 9 must not knowingly cause, authorise or permit to be executed a document that:
 (a) relates to Division 3 securities; and
 (b) may be used as a sufficient transfer under regulation 7.11.12 or 7.11.13;
but is not a sufficient transfer under that regulation.
 (6) A person must not knowingly lodge or cause to be lodged with a company a document that has been:
 (a) stamped in contravention of subregulation (1), (2) or (3); or
 (b) executed in contravention of subregulation (4);
for the purpose of securing the registration of the transfer of, or the issue of, Division 3 securities to the transferee named in the document.

7.11.41  Inclusion of identification codes in proper ASTC transfers
  A person must not include a participant's identification code in a document that may be used to effect a proper ASTC transfer unless:
 (a) the person:
 (i) is the participant; or
 (ii) is authorised so to include the identification code by the participant; and
 (b) if:
 (i) the identification code is so included as the identification code of the participant effecting the transfer; and
 (ii) the participant is not the transferor;
  the participant is, apart from the effect of regulation 7.11.26, authorised by the transferor to effect the transfer.

7.11.42  Contravention by participant of the ASTC certificate cancellation provisions relating to use of cancellation stamps
  A participant must not, intentionally or recklessly, contravene the ASTC certificate cancellation provisions by affixing, or failing to affix, a cancellation stamp to a certificate or other document of title to a Division 4 financial product.

Division 6—Civil liability

7.11.43  Contravention by participant of the ASTC certificate cancellation provisions
 (1) This regulation applies to a person who suffers loss or damage because of conduct of a participant that was engaged in a contravention of the ASTC certificate cancellation provisions.
 (2) The person may, unless the person was involved in the contravention, recover the amount of the loss or damage by action against the participant, whether or not the participant has been convicted of an offence in respect of the contravention.
 (3) An action under subregulation (2) must be begun within 6 years after the day on which the cause of action arose.
 (4) This regulation does not affect a liability that a person has under any other law.
 (5) For section 1310B of the Act, an action under subregulation (2) is taken to be a proceeding in