Document ID: chunk:federal_register_of_legislation:C2004A03415:body:0:p36
Version: federal_register_of_legislation:C2004A03415
Segment Type: other
Provision Reference: 
Character Range: 89713–92398

of which the dealer is a member organisation, being those business rules as in force when the agreement for the sale or purchase is made, prescribe a period, for the purposes of this paragraph, in relation to a class of sales or purchases that includes the sale or purchase—that period; or
        (b) otherwise—a period that is reasonable, having regard to all the circumstances relating to the sale or purchase;
     'purchase price', in relation to a purchase of securities by a dealer on behalf of a person, means the total of:
        (a) the amount of the consideration for the purchase; and

        (b) any brokerage fees and other charges, and any stamp duty and other duties and taxes, payable by the person to the dealer in connection with the purchase;
     'reportable transaction' means a transaction that is or has at any time been a reportable transaction as defined in subsection 122aa (1).

Claim by selling dealer in respect of default by buying dealer
"122j. (1) Where, as at the end of the completion period in relation to a reportable transaction that is a sale by a dealer to another dealer:
     (a) the first-mentioned dealer has supplied, or is ready, willing and able to supply, to the other dealer, pursuant to the agreement for the sale, settlement documents in relation to the sale; and
     (b) the other dealer has not paid to the first-mentioned dealer, pursuant to that agreement, the consideration for the sale;
the first-mentioned dealer may make a claim in respect of the sale.
"(2) Where a dealer makes a claim in respect of a sale of securities by the claimant to another dealer and, at a particular time, the Board is satisfied that, as at that time:
     (a) subsection (1) entitles the claimant to make the claim;
     (b) the claimant has:
        (i) for the purposes of the claim, supplied to the Corporation; or
        (ii) pursuant to the agreement for the sale, supplied to the other dealer;
    settlement documents in relation to the sale;
     (c) the consideration for the sale has not been paid to the claimant pursuant to the agreement for the sale; and
     (d) the agreement has not been discharged or otherwise terminated;
the Corporation shall allow the claim and pay to the claimant an amount equal to the amount of the consideration.

Claim by buying dealer in respect of default by selling dealer
"122k. (1) Where, as at the end of the completion period in relation to a reportable transaction that is a purchase by a dealer from another dealer:
     (a) the first-mentioned dealer has supplied, or is ready, willing and able to supply, to the other dealer, pursuant to the agreement for the purchase, the consideration for