Document ID: chunk:federal_register_of_legislation:C2004A04501:schedule:2:p9
Version: federal_register_of_legislation:C2004A04501
Segment Type: schedule
Provision Reference: sch 2 (pt 9/22)
Character Range: 455336–458205

on behalf of a person; and

        (b)     a transfer of the securities pursuant to the purchase would be an SCH-regulated transfer;

     SEGC must, subject to section 952A, transfer to the claimant securities of the same kind and number as the first-mentioned securities.

       "(5) If:

         (a)     SEGC allows under subsection (3) a claim in respect of a purchase of securities by a dealer on behalf of a person; and

       (b)     subsection (4) does not apply;

     SEGC must, subject to section 953, supply to the claimant settlement documents in relation to the purchase.".

139. After section 952 of the Corporations Law the following section is inserted:

Cash settlement of claims—SCH-regulated transfers

  "952A. If:

  (a) SEGC:

        (i) allows under subsection 950(2) a claim in respect of a purchase of securities by the claimant from a dealer; or

        (ii) allows under subsection 952(3) a claim in respect of a purchase of securities by a dealer on behalf of the claimant; and

     (b)     a transfer of the securities pursuant to the purchase would be an SCH-regulated transfer; and

     (c)     it is not reasonably practicable for SEGC to obtain securities of the same kind and number as the first-mentioned securities from the dealer before the end of:

         (i) if the SCH business rules, as in force when the Board allows the claim, prescribe a period, for the purposes of this section, in relation to a class of claims that includes the claim—that period; or

         (ii) otherwise—such period as the Board, having regard to all the circumstances of the claim, considers reasonable; and

     (d) it is not reasonably practicable for SEGC to obtain, otherwise than from the dealer, securities of that kind and number before the end of that period because:

         (i) whether because that dealing in those securities is suspended or for any other reason, there exists at no time during that period an orderly market in those securities; or

         (ii) the total number of those securities offered for sale on stock markets of participating exchanges or Exchange subsidiaries at times during that period when there exists an orderly market in those securities is insufficient;

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.".

Cash settlement of claims—transfers other than SCH-regulated transfers

140. Section 953 of the Corporations Law is amended by inserting after paragraph (a) the following word and paragraph:

       "and (aa) a transfer of the securities pursuant to the purchase would not be an SCH-regulated transfer; and".

Effect of using a transfer delivery service

141. Section 954C of the Corporations Law is amended by