Document ID: chunk:federal_register_of_legislation:F2024C01249:reg:1:p129
Version: federal_register_of_legislation:F2024C01249
Segment Type: reg
Provision Reference: reg 1 (pt 129/148)
Character Range: 654869–657518

markets of participating market licensees or Exchange bodies at times during that period when there exists an orderly market in those securities is insufficient.
 (2) The SEGC must satisfy the claim by paying to the claimant the amount that, when the claimant became entitled to make the claim, was the amount of the actual pecuniary loss suffered by the claimant in respect of the purchase.

7.5.30  Making of claims
 (2) Subregulations 7.5.24(1), 7.5.25(1), 7.5.26(1) and 7.5.27(1) do not entitle a person (person 1) to make a claim in respect of:
 (a) a sale of securities by another person on behalf of person 1; or
 (b) a purchase of securities by another person on behalf of person 1;
as the case may be, unless, on the day on which the agreement for the sale or purchase was entered into, the other person was a participant and carried on a securities business in Australia.
 (3) A claim must be in writing and must be served on the SEGC within 6 months after the day on which the claimant became entitled to make the claim.
 (4) A claim that is not made within the period prescribed by subregulation (3) is barred unless the SEGC otherwise determines.
 (5) The SEGC may publish, in accordance with subregulation (5A), a notice that:
 (b) names a particular dealer; and
 (c) requires that all claims under this Subdivision, by the named dealer, during a period (the applicable period) specified in the notice in accordance with subregulation (6) must be served on the SEGC before the day (the last application day) specified in the notice in accordance with subregulation (7).
 (5A) The notice is published in accordance with this subregulation if it is published in a manner that results in the notice being accessible to the public and reasonably prominent.
 (6) The applicable period must be a period that starts and ends before the day on which the notice is first published.
 (7) The last application day must be at least 3 months after the day on which the notice is first published.
 (8) The SEGC, a member of the Board and any employee of, or person acting on behalf of, the SEGC each has qualified privilege in respect of the publication of a notice under subregulation (5).

Subdivision 4.7—Unauthorised transfer

7.5.53  Application of Subdivision 4.7
 (1) This Subdivision applies if:
 (a) a dealer executes a document of transfer of securities on behalf of a person as transferor of the securities; and
 (b) the transfer is not an ASTC‑regulated transfer; and
 (c) apart from the effect of subregulation 7.11.17(3), the person did not authorise the dealer to execute the document.
 (2) For subregulation (1), a dealer is taken to