Document ID: chunk:federal_register_of_legislation:C2004A04707:front:0:p19
Version: federal_register_of_legislation:C2004A04707
Segment Type: other
Provision Reference: 
Character Range: 47171–50098

end "for financial years".

82. Paragraph 409(5)(a):

Insert ", or are lodged in relation to a financial year of the corporation," after "corporation".

83. Paragraph 409(5)(b):

     (a) Insert "or are lodged in relation to a financial year of the corporation," after "corporation,".

  (b) Add at the end ", or is not lodged, as the case requires".

84. Subsection 409A(1):

  (a) Omit "of companies".

     (b) Omit "corresponding financial year", substitute "corresponding accounting period".

SCHEDULE 1—continued

85. Subparagraph 409A(1)(b)(iii):

  Omit "annual".

86. Section 409A:

  Add at the end:

  "(5) In this section:

'company' includes a disclosing entity to which section 323A applies.".

87. After subsection 776(2):

  Insert:

"(2A) A securities exchange that believes a person has committed, is committing or is about to commit, a serious contravention of the securities exchange's business rules or listing rules, or the Corporations Law of this or any other jurisdiction, must, as soon as practicable, lodge a statement setting out:

     (a) particulars of the contravention that it believes the person has committed, is committing or is about to commit; and

  (b) its reasons for that belief.

"(2B) Subject to subsection (2C), a securities exchange that makes information about a listed disclosing entity available to a stock market conducted by the securities exchange must, as soon as practicable, give the Commission a document that contains the information.

"(2C) The regulations may provide that subsection (2B) does not apply to information of a specified kind.".

88. Subsection 777(1):

  Omit all the words after "directions", substitute:

"concerning compliance with, or enforcement of, those business rules or listing rules to:

  (a) that last-mentioned person; and

     (b) if that person is a body corporate—the directors of that body corporate.".

89. Section 777:

  Add at the end:

"(3) For the purposes of subsection (1), if a disclosing entity that is an undertaking to which prescribed interests relate is, with the management company's agreement, consent or acquiescence, included in the official list of a securities exchange, the management company, or an associate of the

SCHEDULE 1—continued

management company, is taken to be under an obligation to comply with the listing rules of that securities exchange to the extent to which those rules purport to apply to the management company or associate.

"(4) For the purposes of subsection (1), if a body corporate fails to comply with or enforce provisions of the business rules or listing rules of a securities exchange, a person who holds securities of the body corporate that are quoted on a stock market of the securities exchange is taken to be a person aggrieved by the failure.

"(5) Subsection (4) does not limit the circumstances in which a person may be aggrieved by a failure for the purposes of subsection