Document ID: chunk:federal_register_of_legislation:F2024C01249:reg:1:p118
Version: federal_register_of_legislation:F2024C01249
Segment Type: reg
Provision Reference: reg 1 (pt 118/148)
Character Range: 627709–630248

in subparagraph (i) or (iii); or
 (v) a trustee of a trust in relation to which a person of a kind mentioned in subparagraph (i), (iii) or (iv) is capable of benefiting; or
 (vi) a body corporate in which a person of a kind mentioned in subparagraph (i), (iii) or (iv) has, or 2 or more such persons together have, a controlling interest; or
 (vii) a person who is a participant of the licensed CS facility operated by ACH.
 (2) A reference in subregulation (1) or (1A) to a relative of a person includes a reference to a relative of the spouse (if any) of the person.
 (3) A reference in subregulation (1) or (1A) to an officer of a body corporate is a reference to:
 (a) a director, secretary or executive officer of the body corporate; or
 (b) a person who is an officer of the body corporate by virtue of paragraph (b), (c), (d) or (e) of the definition of officer in section 9 of the Act.

7.5.06  Meaning of sale and purchase of securities
 (1) A sale and purchase of securities are taken to consist of 2 distinct transactions:
 (a) the sale of the securities by the seller to the buyer; and
 (b) the purchase of the securities by the buyer from the seller.
 (2) Except so far as the contrary intention appears, a reference in this Part to a sale, or to a purchase, includes a reference to a sale or purchase the agreement for which is made outside this jurisdiction.
 (3) For this Part, an agreement to buy or sell securities, because of the exercise of an option contract over securities, if:
 (a) the option contract was entered into on the financial market of a participating market licensee; and
 (b) the agreement is required, by the operating rules of ACH or the participating market licensee, to be reported to the participating market licensee;
is taken to be a sale and purchase of securities.

7.5.07  Meaning of securities business: general
 (1) For this Part (other than Subdivision 4.9), a securities business is a financial services business of dealing in securities.
 (2) Subregulations (4), (5) and (6) apply for the purposes of determining:
 (a) whether or not a person carries on, or holds himself, herself or itself out as carrying on, a securities business; and
 (b) what constitutes such a business carried on by a person.
 (3) Subregulation (6) also applies for the purposes of determining whether or not a person deals in securities.
 (4) An act done on behalf of the person by:
 (a) the holder of a dealers licence; or
 (b) an exempt dealer; or
 (c) the holder of an Australian financial services licence; or