Document ID: chunk:federal_register_of_legislation:F2024C01249:reg:1:p134
Version: federal_register_of_legislation:F2024C01249
Segment Type: reg
Provision Reference: reg 1 (pt 134/148)
Character Range: 666982–669630

period) specified in the notice in accordance with subregulation (5) must be served on the SEGC before the day (the last application day) specified in the notice in accordance with subregulation (6).
 (4A) The notice is published in accordance with this subregulation if it is published in a manner that results in the notice being accessible to the public and reasonably prominent.
 (5) The applicable period must be a period that starts and ends before the day on which the notice is first published.
 (6) The last application day must be at least 3 months after the day on which the notice is first published.
 (7) The SEGC, a member of the Board and any employee of, or person acting on behalf of, the SEGC each has qualified privilege in respect of the publication of a notice under subregulation (4).

7.5.62  How claim is to be satisfied
 (1) The SEGC must allow a claim if the SEGC is satisfied that regulation 7.5.60 entitles the claimant to make the claim.
 (2) If the SEGC allows the claim, it must pay to the claimant the amount that, when the claim is allowed, is the actual pecuniary loss suffered by the claimant because of the contravention in respect of which the claim was made.
 (3) For subregulation (2), the actual pecuniary loss suffered by the claimant does not include any loss in respect of an unauthorised execution (within the meaning of paragraph 7.5.53(4)(a)) in respect of which the claimant has made, or is entitled to make, a claim under Subdivision 4.7.

7.5.63  Discretionary further compensation
 (1) If:
 (a) the SEGC allows a claim made under regulation 7.5.60; and
 (b) the SEGC is satisfied that the payment of money to the claimant under regulation 7.5.62 will not adequately compensate the claimant for a pecuniary or other gain that the claimant did not make, but might have made, were it not for the contravention in respect of which the claim was made;
the SEGC may determine in writing that the claimant should be paid in respect of that gain a specified amount that the SEGC considers to be fair and reasonable in all the circumstances.
 (2) If a determination is made under subregulation (1), the SEGC must pay the claimant the amount specified in the determination.

Subdivision 4.9—Claims in respect of insolvent participants

7.5.64  Claim in respect of property entrusted to, or received by, dealer before dealer became insolvent
 (1) A person may make a claim in respect of property if:
 (a) a dealer has become insolvent at a particular time (whether before or after the commencement of this regulation); and
 (b) at an earlier time (whether before or after that commencement), the property was,