Document ID: chunk:federal_register_of_legislation:F2024C01249:reg:3:p6
Version: federal_register_of_legislation:F2024C01249
Segment Type: reg
Provision Reference: reg 3 (pt 6/19)
Character Range: 1386493–1389130

the Act to change the person required to provide confirmation of a transaction.
 (2) A transaction:
 (a) that is not the issue of a financial product (other than a derivative that is not a warrant); and
 (b) in which a financial services licensee deals in the financial product on behalf of the holder of the financial product; and
 (c) by which the holder acquires or disposes of all or part of the financial product;
must be confirmed by the financial services licensee.
 (3) A transaction:
 (a) to which subregulation (2) does not apply; and
 (b) by which a financial product is issued to a holder;
must be confirmed by the issuer of the financial product.
 (4) A transaction:
 (a) that is a sale pursuant to an offer to which section 1012C of the Act applies; and
 (b) to which subregulation (2) does not apply; and
 (c) by which a holder acquires a financial product;
must be confirmed by the seller of the financial product.
 (5) A transaction:
 (a) to which subregulation (2) does not apply; and
 (b) by which the holder of the financial product disposes of all or part of the financial product to the issuer of the financial product;
must be confirmed by the issuer of the financial product.
 (6) A transaction that:
 (a) relates to a financial product held by a particular holder; and
 (b) occurs while that holder holds the financial product; and
 (c) is not the acquisition or a disposal of all or part of the financial product;
must be confirmed by the issuer of the financial product.

7.9.63B  Content of confirmation of transactions—general
 (1) For paragraph 1017F(8)(d) of the Act, this regulation applies in relation to a transaction that is the acquisition or disposal of a financial product.
 (2) The confirmation of the transaction must identify:
 (a) the financial product; and
 (b) the number or amount of financial products that are the subject of the transaction.
 (3) If the transaction takes place in the ordinary course of business on a licensed market, the confirmation of the transaction must also identify each licensed market of which the responsible person is a participant.
 (4) If the responsible person is dealing on their own behalf with a person who is not a financial services licensee, the confirmation of the transaction must also state that the responsible person is dealing in that way.
 (5) Subregulation (4) does not apply if:
 (a) the transaction is the issue of a product; and
 (b) the responsible person is the product issuer.
 (6) If:
 (a) the financial product is able to be traded on a market in which the responsible person is a participant; and
 (b) the transaction did not take place