Document ID: chunk:federal_register_of_legislation:C2004A04707:front:0:p26
Version: federal_register_of_legislation:C2004A04707
Segment Type: other
Provision Reference: 
Character Range: 65380–68397

year', in relation to a deed relating to prescribed interests, means a financial year of the undertaking to which the interests relate.".

104. Paragraphs 1071(1)(a) and (b):

  Omit "2 months", substitute "the prescribed period".

105. Subsection 1071(4):

  Insert:

" 'financial year', in relation to a deed relating to prescribed interests, means a financial year of the undertaking to which the interests relate;".

SCHEDULE 1—continued

106. After paragraph 1114(1)(ba):

  Insert:

      "or (bb) on the application of a person claiming to be aggrieved by an alleged contravention by another person of the business rules or listing rules of a securities exchange, it appears to the Court that:

         (i) the other person did contravene those rules; and

         (ii) the applicant is aggrieved by the contravention;".

107. After paragraph 1114(1)(c):

  Insert:

      "(ca) in the case of a contravention by a person of the business rules or listing rules of a securities exchange:

           (i) an order giving directions concerning compliance with or enforcement of those rules to:

             (A) the person; and

                (B) if the person is a body corporate—the directors of the body corporate; and

           (ii) if the contravention relates to the disclosure or provision of information—an order of either or both of the following kinds:

                (A) an order requiring the person, or a person involved in the contravention, to disclose to the public or to specified persons, in accordance with the order, specified information which the person to whom the order is directed possesses or to which that person has access;

                (B) an order requiring the person, or a person involved in the contravention, to publish advertisements in accordance with the order at that person's expense;".

108. After subsection 1114(1):

  Insert:

"(1A) For the purposes of paragraph (1)(bb), if a body corporate contravenes provisions of the business rules or listing rules of a securities exchange, a person who holds securities of the body corporate that are quoted on a stock market of the securities exchange is taken to be a person aggrieved by the contravention.

"(1B) Subsection (1A) does not limit the circumstances in which a person may be aggrieved by a contravention for the purposes of paragraph (1)(bb).".

SCHEDULE 1—continued

109. Subsection 1114(3):

  (a) Insert "or the Exchange" after "Commission" (first occurring).

  (b) Omit "Commission" (second occurring), substitute "applicant".

110. After subsection 1139(2):

  Insert:

"(2A) A futures exchange, a clearing house for a futures exchange or a futures association that believes that a person has committed, is committing or is about to commit a serious contravention of its business rules, or the Corporations Law of this or any other jurisdiction, must, as soon as practicable, lodge a statement setting out:

     (a) particulars of the contravention that it believes the person has committed, is