Document ID: chunk:federal_register_of_legislation:C2004A04041:section:1990:p54
Version: federal_register_of_legislation:C2004A04041
Segment Type: section
Provision Reference: s 1990 (pt 54/212)
Character Range: 144465–147345

herself or itself out to be a futures adviser.".

Subsection 73 (1):

  Omit the subsection, substitute:

"(1) Subject to subsection (2), a person is a futures representative of another person if, and only if, the first-mentioned person:

  (a) is employed by; or

  (b) acts for or by arrangement with;

the other person in connection with a futures broking business or futures advice business carried on by the other person.".

Paragraph 73 (3) (a):

  Omit the paragraph, substitute:

     "(a) in connection with a futures broking business or futures advice business carried on by the other person;".

Section 76:

  Repeal the section, substitute:

SCHEDULE 1—continued

Incorporated in a jurisdiction or in Australia

  "76. (1) A company is incorporated in this jurisdiction.

"(2) A body corporate that, because of the definition of 'company' in section 9 of the Corporations Law of another jurisdiction, is a company for the purposes of that section of that Law is incorporated in that jurisdiction.

"(3) A body corporate incorporated by or under a law of a jurisdiction is incorporated in that jurisdiction.

"(4) A body corporate incorporated by or under a law of the Commonwealth, or of a jurisdiction, is incorporated in Australia.

"(5) Nothing in this section limits the generality of anything else in it.".

Subsection 77 (2):

  Omit the subsection.

Subsection 77 (3):

  Omit the subsection, substitute:

"(3) The remaining provisions of this section apply for the purposes of determining:

     (a) whether or not a person carries on an investment advice business; and

     (b) what constitutes an investment advice business carried on by a person; and

     (c) whether or not a person holds himself, herself, or itself out to be an investment adviser.".

Section 80:

  Repeal the section, substitute:

Jervis Bay Territory taken to be part of the Australian Capital Territory

"80. The Jervis Bay Territory is taken to be part of the Australian Capital Territory.".

After section 80:

  Insert:

References to Ministers

  "80a. (1) In this Law:

'Minister' means one of the Queen's Ministers of State for the Commonwealth and, in relation to any particular Minister, includes

SCHEDULE 1—continued

any other Minister or member of the Executive Council for the time being acting for or on behalf of that Minister;

'the Minister for a jurisdiction' means the person who is the Minister for that jurisdiction for the purposes of the Corporations Law of that jurisdiction.

"(2) Where a provision of this Law refers to a Minister, using the expression 'the Minister' without specifying which Minister is referred to, the expression means:

     (a) if, for the time being, 2 or more Ministers administer the Corporations Act 1989—any one of those Ministers; or

     (b) otherwise—the Minister for the time being administering that Act.

"(3) Where this