Corporations Regulations (Amendment) (Cth)

Statutory Rules 1997

No. 81 1

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Corporations Regulations 2(Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Corporations Act 1989.

Dated 7 April 1997.

 WILLIAM DEANE

 Governor-General

By His Excellency’s Command,

IAN CAMPBELL

Parliamentary Secretary to the Treasurer

for the

Treasurer

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1.   Amendment

1.1   The Corporations Regulations are amended as set out in these Regulations.

[NOTE: These Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]

2.   New regulation 7.3.01B

2.1   After regulation 7.3.01A, insert:

Exemptions from Chapter 7 of the Corporations Law—dealings by the Exchange or OCH

“7.3.01B. (1)In this regulation:

‘OCH’ means Options Clearing House Proprietary Limited;

‘relevant agreement’ means a relevant agreement that is prescribed for the purposes of paragraph 92A (1) (b) of the Corporations Law.

 “(2)Divisions 1 and 3 of Part 7.3, Parts 7.5, 7.6 and 7.7 and section 842 of the Corporations Law do not have effect in relation to a dealing in securities or in a relevant agreement if that dealing is effected by the Exchange or OCH for the purposes of, or in connection with, the establishment, enforcement, administration or observance of the business rules of the Exchange that relate to securities or relevant agreements registered or to be registered with OCH.

 “(3)Section 806 and Part 7.7 of the Corporations Law do not have effect in relation to an act carried out by:

• (a)

  an employee of the Exchange or OCH; or

• (b)

  a person acting for the Exchange or OCH; or

• (c)

  a person acting under an agreement with the Exchange or OCH;

for the purposes of a dealing in securities or in a relevant agreement of a kind referred to in subregulation (2).”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 14 April 1997.

2. Statutory Rules 1990 No. 455 as amended by 1991 Nos. 218, 219, 281, 341, 453, 478 and 479; Act No. 200, 1991; Statutory Rules 1992 Nos. 230, 281, 364, 395 and 450; 1993 Nos. 135, 207 and 277; 1994 Nos. 35, 108, 153, 221, 251, 302 and 430; 1995 Nos. 222, 344, 345 and 398; 1996 Nos. 26, 51, 55, 90, 205, 218 and 343; 1997 No. 10.