Document ID: chunk:federal_register_of_legislation:C2004A04501:schedule:2:p21
Version: federal_register_of_legislation:C2004A04501
Segment Type: schedule
Provision Reference: sch 2 (pt 21/22)
Character Range: 487884–490765

proper SCH transfer unless:

   (a) the person:
         (i) is the member organisation or, if it is a partnership, is a partner in the member organisation; or

         (ii) is authorised so to include the identification code by the member organisation; and

  (b) if:

         (i) the identification code is so included as the identification code of the member organisation effecting the transfer; and

      (ii) the member organisation is not the transferor;

     the member organisation is, apart from the effect of section 1109B, authorised by the transferor to effect the transfer.".

Power of Court to make certain orders

  170. Section 1114 of the Corporations Law is amended:

    (a) by omitting from subparagraph (1)(a)(ii) "or the business rules or listing rules of a securities exchange" and substituting ", the business rules or listing rules of a securities exchange, or the SCH business rules";

    (b) by inserting after paragraph (1)(b) the following word and paragraph:

            "or (ba) on the application of the securities clearing house, it appears to the Court that a person has contravened the SCH business rules;";

    (c)     by omitting from paragraph (1)(c) "or of the business rules or listing rules of a securities exchange" and substituting "of the business rules or listing rules of a securities exchange, or of the SCH business rules";

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

       "(10) In this section:

     'securities' includes marketable securities and marketable rights within the meaning of Division 3 of Part 7.10.".

171. Section 1301 of the Corporations Law is repealed and the following section is substituted:

Location of books on computers

  "1301.(1) This section applies if:

    (a)     a corporation records, otherwise than in writing, matters ('the stored matters') this Law requires to be contained in a book; and

    (b)     the record of the stored matters is kept at a place ('the place of storage') other than the place ('the place of inspection') where the book is, apart from this section, required to be kept; and

    (c)     at the place of inspection means are provided by which the stored matters are made available for inspection in written form; and

  (d)     the corporation has lodged a notice:

       (i) stating that this section is to apply in respect of:

             (A)    except where sub-subparagraph (B) applies—the book; or

             (B)     if the stored matters are only some of the information that is required to be contained in the book—the book and matters that are of the same kind as the stored matters; and

         (ii) specifying the situation of the place of storage and the place of inspection.

"(2) Subject to subsection (4), the corporation is taken to have complied with the requirements of this Law as to the location of the book, but only in so