Document ID: chunk:federal_register_of_legislation:F2024C01249:reg:201:p21
Version: federal_register_of_legislation:F2024C01249
Segment Type: reg
Provision Reference: reg 201 (pt 21/26)
Character Range: 1658427–1661101

a matter related to conduct that occurred before the FSR commencement; and
 (b) a person could, if Part 7.10 of the old Corporations Act had not been repealed, have made a claim in relation to the matter under any of the following Divisions of the old Corporations Act on or after the FSR commencement:
 (i) Division 6 of Part 7.10 (dealing with contract guarantees);
 (ii) Division 6A of Part 7.10 (dealing with securities loans guarantees);
 (iii) Division 6B of Part 7.10 (dealing with net obligations);
 (iv) Division 6C of Part 7.10 (dealing with transfer service delivery guarantees);
 (v) Division 7 of Part 7.10 (dealing with unauthorised transfer);
 (vi) Division 7A of Part 7.10 (dealing with contraventions of SCH certificate cancellation provisions);
 (vii) Division 8 of Part 7.10 (dealing with insolvent members).
 (2) On and after the FSR commencement:
 (a) Division 1, and Divisions 6 to 9, of Part 7.10 of the old Corporations Act continue to have effect in relation to the matter and the person; and
 (b) regulations made for Part 7.10 of the old Corporations Act continue to have effect in relation to the matter and the person; and
 (c) Part 7.5 of the Act has effect in relation to a matter to which paragraphs (a) and (b) do not apply.
 (3) However, the person cannot make a claim under section 949 or 950, or Division 6A, 6B or 6C of Part 7.10, of the old Corporations Act after 30 September 2005.

10.2.27A  Expenditure of excess funds from National Guarantee Fund
 (1) For section 1444 of the Act, this regulation applies to a purpose in relation to a payment to be made out of a development account if:
 (a) the purpose was approved under subsection 945(3) of the old Corporations Act; and
 (b) the approval was in force immediately before the FSR commencement.
 (2) The purpose is taken to be an approved purpose for subregulation 7.5.88(1).
 (3) If the purpose approved under subsection 945(3) of the old Corporations Act included conditions relating to the payment to which the approval related, the conditions are taken to be conditions determined under subregulation 7.5.88(3).

Division 9—Claims against fidelity funds

10.2.28  Status of claim against fidelity fund
 (1) This regulation applies if:
 (a) a person made a claim in relation to a matter, before the FSR commencement, under Part 7.9 or Part 8.6 of the old Corporations Act; and
 (b) the claim had not been withdrawn, or finally determined in accordance with the old Corporations Act, before the end of the transition period within the meaning of subsection 1414(2) of the Act.
 (2) After the end of the transition period:
 (a) Part 7.9 or Part 8.6 of the old Corporations Act (as