Document ID: chunk:federal_register_of_legislation:C2004A04041:section:1990:p40
Version: federal_register_of_legislation:C2004A04041
Segment Type: section
Provision Reference: s 1990 (pt 40/212)
Character Range: 107117–110125

futures exchange; or

         (ii) a local futures association, other than a futures association each of whose members is also a member of a futures exchange; and

     (c) in any other provision of Chapter 8—a local futures exchange or a local futures association;".

Section 9 (definition of "incorporate"):

  After "form" insert "and has a meaning affected by section 76".

Section 9 (definition of "insurance corporation"):

  Omit the definition.

Section 9 (definition of "interstate"):

  Omit the definition.

Section 9 (definition of "investment advisers licence"):

  Omit the definition, substitute:

" 'investment advisers licence' means:

     (a) in this Chapter or section 807—an investment advisers licence granted under Part 7.3; or

     (b) in any other provision of Chapter 7—an investment advisers licence granted under Part 7.3 of the Corporations Law of this jurisdiction;".

Section 9 (definition of "investment contract"):

  Omit "Australia" (wherever occurring), substitute "this jurisdiction".

Section 9 (definition of "law"):

  Omit the definition, substitute:

" 'law', in relation to a jurisdiction, means, subject to section 58, a law of, or a law in force in, that jurisdiction and, in the case of the Capital Territory, includes, without limitation:

  (a) the Corporations Act 1989 and regulations under it; and

     (b) the Corporations Law, Corporations Regulations, ASC Law, and ASC Regulations, of the Capital Territory; and

     (c) a relevant Act within the meaning of the Companies and Securities (Interpretation and Miscellaneous Provisions) Act 1980; and

  (d) regulations under such an Act;

'Law', in the case of a reference to this Law or to the Corporations Law of a jurisdiction, has the additional meaning given by sections 8 and 8a;".

SCHEDULE 1—continued

Section 9 (definitions of "licence" and "licensee"):

  Omit the definitions, substitute:

" 'licence' means:

  (a) in section 808—a securities licence; and

     (b) in any other provision of Chapter 7—a dealers licence, or an investment advisers licence, granted under Part 7.3 of the Corporations Law of this jurisdiction; and

     (c) in section 1174 or subsection 1220 (2) or 1221 (3)—a futures licence; and

     (d) in any other provision of Chapter 8—a futures brokers licence, or a futures advisers licence, granted under Part 8.3 of the Corporations Law of this jurisdiction;

'licensee' means:

  (a) in section 781 or subsection 879 (1)—a securities licensee; and

     (b) in any other provision of Chapter 7—a person who holds a dealers licence, or an investment advisers licence, granted under Part 7.3 of the Corporations Law of this jurisdiction; and

  (c) in section 1143—a futures licensee; and

     (d) in any other provision of Chapter 8—a person who holds a futures brokers licence, or a futures advisers licence, granted under Part 8.3 of the Corporations Law of this jurisdiction; and

  (e) in relation to a licence—the person who holds the licence;".

Section 9