Document ID: chunk:federal_register_of_legislation:C2004A03415:body:0:p21
Version: federal_register_of_legislation:C2004A03415
Segment Type: other
Provision Reference: 
Character Range: 52419–55468

'participating exchange' means a securities exchange:
     (a) in any case—that is, for the purposes of Part IXa, a participating exchange; or
     (b) if the Exchange is, for the purposes of Part IXa, a participating exchange—that is a local Exchange subsidiary.".

Establishment of fidelity fund
13. Section 100 of the Principal Act is amended by inserting in subsection (1) "(other than the Exchange or a participating exchange)" after "securities exchange" (first occurring).

Claims against the fund
14. Section 112 of the Principal Act is amended by inserting in paragraph (2) (a) "or on a day on which the securities exchange was a participating exchange" after "this Act".
15. After Part IX of the Principal Act the following Part is inserted:

"PART IXa—THE NATIONAL GUARANTEE FUND

"Division 1—Interpretation

Interpretation
"122aa. (1) In this Part, unless the contrary intention appears:
'Board' means the committee of the Corporation;
'claim' means a claim under Division 6 or 7;
'eligible exchange' means:
        (a) the Exchange; or
        (b) a securities exchange, or a recognised securities exchange, that is neither the Exchange nor an Exchange subsidiary;
     'Fund provisions' means all of the following provisions:
        (a) the provisions of this Part;
        (b) the respective provisions of the laws of the participating States and participating Territories that correspond with this Part;
'minimum amount' means:
        (a) unless paragraph (b) applies—$15,000,000; or
        (b) if a determination is in force under section 122dd—the amount specified in the determination as the minimum amount of the Fund for the purposes of the Fund provisions;
     'obligations', in relation to a member or member organisation of a participating exchange, in relation to a person, includes obligations arising under a law, under the participating exchange's business rules or under an agreement between:
        (a) in any case—the member or member organisation and the person; or
        (b) if the member is a partner in a member organisation of the participating exchange—the last-mentioned member organisation and the person;
     'orderly market' means an orderly market on a stock market of a participating exchange or of an Exchange subsidiary;
     'participating exchange' means an eligible exchange that is a member of the Corporation;
     'property' includes money, securities, and documents of title to, and instruments of transfer relating to, securities;
     'quoted securities', in relation to a transaction, means securities that, at the time when the agreement for the transaction is made, are quoted on a stock market of a participating exchange or of an Exchange subsidiary;
     'relative', in relation to a person, means a parent or remoter lineal ancestor, son, daughter or remoter issue, or brother or sister, of the person;

     'relevant Act' means the Australian Stock Exchange and National Guarantee Fund Act 1987;
     'relevant commencement' means the commencement of section 15 of the relevant