Document ID: chunk:federal_register_of_legislation:C2004A03415:body:0:p8
Version: federal_register_of_legislation:C2004A03415
Segment Type: other
Provision Reference: 
Character Range: 19691–22511

of section 250 of that Act, to be at that time an exempt proprietary company.
"(9) A person who immediately before the relevant commencement was a director of the nominated exchange ceases at that commencement to be such a director.
"(10) Subsection 219 (1) of the Companies Act 1981 does not, at any time during the period of 14 days beginning at the relevant commencement, apply in relation to a company within the meaning of that Act that is an Exchange subsidiary.

Disciplinary proceedings in respect of past conduct of nominated exchange members
"36j. (1) In this section, unless the contrary intention appears:
'AASE exchange' means:
        (a) the nominated exchange; or
        (b) a body corporate that is the nominated exchange for the purposes of the provisions of a law of a participating State or participating Territory that correspond with this Part;
     'applied rules' means the former rules as they have effect by virtue of this section;

     'corresponding provision' means a provision of a law of a participating State or participating Territory that corresponds with this section;
     'disciplinary proceeding' means:
        (a) a proceeding that was begun under the former rules and might, if this Part had not been enacted, have resulted in the disciplining of a member for past conduct;
        (b) a proceeding that is begun under the applied rules and may result in the disciplining of a member for past conduct;
        (c) an appeal begun under the former rules, or the applied rules, from a proceeding of the kind referred to in paragraph (a);
        (d) an appeal begun under the applied rules from a proceeding of a kind referred to in paragraph (b); or
        (e) a proceeding in a court, whenever begun, arising out of, or otherwise connected with, a proceeding or appeal of a kind referred to in paragraph (a), (b), (c) or (d);
     'disciplining', in relation to a member, includes expulsion from, or suspension of, membership of the nominated exchange or the Exchange;
     'former rules' means the nominated exchange's business rules as in force at any time before the relevant commencement;
     'member' means a person who is or has been:
        (a) a member of the nominated exchange; or
        (b) under an obligation to comply with, observe, enforce, or give effect to, the former rules;
     'past conduct' means an act done, or omitted to be done, before the relevant commencement;
     'relevant time' means the time immediately before the relevant commencement.
"(2) This section has effect notwithstanding section 36f.
"(3) The former rules continue after the relevant commencement to have in relation to past conduct the effect that, at the relevant time, they had in relation to that past conduct.
"(4) For the purposes of a disciplinary proceeding begun before