Document ID: chunk:federal_register_of_legislation:C2004A03415:body:0:p31
Version: federal_register_of_legislation:C2004A03415
Segment Type: other
Provision Reference: 
Character Range: 77026–79810

is a member organisation of a participating exchange and is carrying on in the Territory a business of dealing in securities.

Payment by leviable dealer
"122ec. (1) In subsection (2), 'leviable dealer', in relation to a transaction, means:
     (a) if, when the transaction is entered into, a determination under subsection (3) is in force in relation to a class of transactions that includes the first-mentioned transaction—the dealer prescribed by the determination; or
     (b) otherwise:
        (i) in the case of a sale of securities—the dealer selling the securities; or
        (ii) in the case of a purchase of securities—the dealer purchasing the securities.
"(2) Where an amount of a levy imposed under section 122eb is payable in respect of a reportable transaction, the leviable dealer in relation to the transaction shall:
     (a) pay the amount of the levy to a participating exchange of which the dealer is a member organisation; and
     (b) if, but for this subsection, the dealer would be required neither by a provision of a law nor by the participating exchange's business rules to furnish to the participating exchange particulars of the transaction sufficient to enable the participating exchange to ascertain the amount of levy—so furnish such particulars;
within the period, and in the manner, specified by the participating exchange in writing either generally or in relation to a class of transactions that includes the first-mentioned transaction.

"(3) The Corporation may make a determination in writing prescribing, in relation to a class or classes of reportable transactions, the dealer who is to be the leviable dealer in relation to a transaction included in that class or in any of those classes.
"(4) A participating exchange shall, within the period, and in the manner, specified in writing by the Corporation, pay to the Corporation an amount of levy paid to the participating exchange under subsection (2).
"(5) An amount of levy paid to the Corporation under this section shall be paid into the Fund.

Revocation of levy on reportable transactions
"122fa. (1) The Corporation may at any time, whether or not the amount in the Fund exceeds the minimum amount, revoke a levy imposed under section 122eb, but need not revoke such a levy merely because the amount in the Fund exceeds the minimum amount.
"(2) The revocation of a levy does not affect a liability to pay an amount of levy that became payable before the revocation.

Levy on participating exchanges
"122fb. (1) Where the amount in the Fund is less than the minimum amount, the Corporation may, whether or not it also imposes a levy under section 122eb, impose a levy:
     (a) unless paragraph (b) applies—on the Exchange; or
     (b) if there are 2 or more participating exchanges