Corporations Regulations (Amendment) (Cth)

Statutory Rules 1995

No. 398 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 12 December 1995.

 

 BILL HAYDEN

 Governor-General

By His Excellency’s Command,

  

M. LAVARCH

Attorney-General

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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.   Regulation 7.2.02 (Compliance monitoring—section 770A stock markets)

2.1   Regulation 7.2.02:

Omit all the words after “subsection 770A (1) of that Law,”, substitute:

“if:

• (a)

  that person or partnership is an associate of the management company; and

• (b)

  the person is not registered as an auditor under Part 9.2 of the Law; and

• (c)

  no member of the partnership is so registered.”.

3.   New regulation 7.3.18

3.1   After regulation 7.3.17, insert:

Supervisors have qualified privilege in certain circumstances

 “7.3.18. For the purposes of section 770C of the Corporations Law, a supervisor within the meaning of paragraph 770A (2) (b) of that Law has qualified privilege in respect of:

• (a)

  a statement made by that supervisor, orally or in writing, in the course of the performance by the supervisor of his or her duties under the business rules of the management company; and

• (b)

  notification by the supervisor under paragraph 770A (3) (c) of the Law.”.

4.   Regulation 7.12.12 (Section 1022 (General provisions applicable to all prospectuses))

4.1   Subregulation 7.12.12 (1):

Omit from modified subsection 1022 (1) “prescribed interests,”, substitute “prescribed interests (except a prospectus to which section 1022AA applies),”.

5. Schedule 9A (Modifications of Corporations Law)

5.1  Item 16:

Omit from modified paragraph 1029 (1) (a) “or”, substitute “of”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 19 December 1995.

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 and 345.