Document ID: chunk:federal_register_of_legislation:C2004A04501:schedule:2:p13
Version: federal_register_of_legislation:C2004A04501
Segment Type: schedule
Provision Reference: sch 2 (pt 13/22)
Character Range: 466765–469841

be completed and delivered by a company in relation to the allotment, issue or making available of a share, debenture or interest in specified circumstances; or

        (b)     the only document required by subsection (1) to be completed and delivered by a company in relation to the allotment, issue or making available of a share, debenture or interest in specified circumstances is such document as the provision requires;

     the provision has effect accordingly.";

  (c) by inserting after subsection (2) the following subsection:

     "(2A) The only document required by subsection (2) to be completed and delivered by a company in relation to an SCH-regulated transfer is such document (if any) as the SCH business rules require to be so completed and delivered.".

Insertion of heading

162. Before section 1097 of the Corporations Law the following heading is inserted in Division 3 of Part 7.13:

"Subdivision A—Interpretation".

Interpretation

  163. Section 1097 of the Corporations Law is amended:

    (a)     by inserting "or made available" after "issued" in the definition of "issuing body" in subsection (1);

    (b)    by inserting "or make available" after "issue" in the definition of "issuing body" in subsection (1);

    (c)     by omitting from subsection (1) the definition of "transfer" and substituting the following definition:

     " 'transfer', in relation to a marketable security or a marketable right, includes:

        (a)     in the case of a quoted security or a quoted right—any change in the ownership of the security or right; and

        (b)     in the case of a marketable right—the renunciation and transfer of the right;";

(c)                by inserting in subsection (1) the following definitions:
       " 'Division 3 transfer' means:

        (a)     a sufficient transfer under this Division of marketable securities or marketable rights; or

      (b)     a proper SCH transfer;

     'document', in relation to a transfer, includes, in the case of an SCH-regulated transfer, an electronic message or other electronic communication;

     'identification code', in relation to a member organisation, means a code that, for the purposes of the SCH business rules, is the member organisation's identification code, or one of its identification codes, as the case may be;

     'member organisation' means a member organisation of a securities exchange;

     'transfer document', in relation to a proper SCH transfer, means the document that is taken under the SCH business rules to effect the transfer.";

  (e) by adding at the end the following subsection:

      "(4) If the SCH business rules include provisions determining:

         (a)     which member organisation effected a proper SCH transfer; or

       (b)     when a proper SCH transfer takes effect;

     those provisions have effect for the purposes of this Division.".

164. After section 1097 of the Corporations Law the following sections are inserted:

Quoted securities and rights

"1097A.(1) A quoted security is a marketable security in a