Futures Industry Act 1986

Legislation au C2004A03313 Not in force Act

Legislation content

Futures Industry Act 1986

No. 72 of 1986

TABLE OF PROVISIONS

PART I—PRELIMINARY

Clause

1. Short title

2. Commencement

3. Object

4. Interpretation

5. Agreements

6. Associated persons

7. Dealing in futures contracts

8. Dealings and transactions on a person’s own account

9. Discretionary accounts

10. Exempt brokers

11. Certain persons not to be taken to be recognised licensees

PART II—ADMINISTRATION

Division 1—General

12. Interpretation

13. Power of Commission to require production of books

14. Power of magistrate to issue warrant to seize books

15. Offences

16. Copies or extracts to be admitted in evidence

17. Privilege

18. Disclosure to Commission

19. Investigation of certain matters

20. Power of Court to make certain orders


TABLE OF PROVISIONS—continued

Clause

Division 2—Investigations

21. Interpretation

22. Investigations

23. Conduct of investigations

24. Powers of Commission and inspectors appointed under corresponding laws

25. Powers of inspectors

26. Investigation deemed to be a proceeding

27. Record of examination

28. Record to accompany report

29. Admissibility of record of examination in evidence in proceedings against person examined

30. Admissibility in other proceedings of statements made at an examination

31. Weight of evidence

32. Credibility of person who made statements

33. Determination of objection to admissibility of statements

34. Delegation by inspector

35. Reports of investigations

36. Report of inspector

37. Commission’s powers in respect of books

38. Privileged communications

39. Expenses of investigation

40. Concealing, &c, of books relating to futures contracts

41. Power of Commission to make certain orders

42. Certain powers not to be delegated

Division 3—Futures Consultative Committee

43. Constitution and functions of Futures Consultative Committee

44. Meetings of Futures Consultative Committee

PART III—FUTURES EXCHANGES, CLEARING HOUSES AND FUTURES ASSOCIATIONS

45. Establishment of futures markets

46. Power of Ministerial Council to approve futures exchange

47. Provision of clearing house facilities

48. Power of Ministerial Council to approve clearing house

49. Publication of instruments executed under section 40, 41 and 43

50. Power of Ministerial Council to approve futures association

51. Suspension or cancellation of approval

52. Notification of approval, &c, of futures association

53. Appeal to the Court against certain decisions of futures exchanges and futures associations

54. Commission to be notified of amendments of business rules

55. Orderly markets in futures contracts—functions and powers of futures exchanges and clearing houses

56. Orderly markets in futures contracts—powers of Commission

57. Futures exchanges and others to assist Commission

58. Power of Court to order observance or enforcement of business rules of futures exchange, clearing house or futures association

59. Effect of certain laws on certain agreements

PART IV—LICENCES

60. Proclaimed day

61. Futures broker’s licence

62. Futures broker’s representatives

63. Futures advisers

64. Futures adviser’s representatives

65. Application for grant of licence

66. Grant of futures broker’s licence or futures adviser’s licence

67. Grant of representative’s licence

TABLE OF PROVISIONS—continued

Clause

68. Change of principals of…

Overview

The Futures Industry Act 1986, enacted by the Queen and the Senate and House of Representatives of the Commonwealth of Australia, is a legislative framework designed to regulate the futures industry within the Australian Capital Territory. The Act was introduced to address the need for a comprehensive legal structure governing futures markets, including the establishment and operation of futures exchanges, the conduct of futures brokers and advisers, and the implementation of administrative and investigative powers to ensure market integrity and investor protection. This legislation aims to maintain orderly and fair markets, prevent fraud and manipulation, and establish clear guidelines for industry participants. The Act is administered by the National Companies and Securities Commission and overseen by the Ministerial Council, which has the authority to approve futures exchanges, clearing houses, and futures associations, ensuring they meet the standards set forth to protect public interest.

Scope and Application

The Futures Industry Act 1986 applies to the futures industry within the Australian Capital Territory, governing the conduct of futures brokers, futures advisers, their representatives, futures exchanges, clearing houses, and futures associations. It regulates the establishment and operation of futures markets, and imposes licensing requirements on futures brokers and advisers, as well as their representatives, prohibiting unlicensed persons from dealing in futures contracts on behalf of others. The Act also mandates the maintenance of fidelity funds by futures exchanges and associations to compensate clients in the event of fraud or misconduct by licensed members. The Act's jurisdiction is limited to the Australian Capital Territory, although it may incorporate regulations and standards from other Australian jurisdictions through subordinate instruments. Exempt brokers, recognised licensees from other territories, and certain public authorities are excluded from some of its licensing and conduct requirements. The Act provides for the administration and enforcement of its provisions through the National Companies and Securities Commission, and allows for the issuance of penalty notices, the institution of civil and criminal proceedings, and the imposition of fines and imprisonment for breaches. The Act’s scope can be extended through regulations made by the Governor-General in accordance with the Act, which may include exemptions and modifications for specific persons or transactions.

Key Provisions

  • The Futures Industry Act 1986 is primarily concerned with the regulation of the futures industry within the Australian Capital Territory. The Act defines various terms and sets out specific requirements and restrictions for those who wish to operate within this sector. Key sections include the definition of "futures contract" (Section 7) and the requirements for dealing in futures contracts on behalf of others (Section 128). The Act stipulates that a person must not deal in a futures contract on behalf of another unless the dealing is conducted on a futures market of a futures exchange, on an exempt futures market, or as permitted by the business rules of a relevant organisation. Furthermore, a futures broker must not deal in a futures contract on behalf of another person unless the broker is an exempt broker, the holder of a futures broker's licence, or a recognised futures broker (Section 61).
  • The Act imposes various obligations on the parties it governs. For instance, futures brokers and futures advisers are required to keep detailed records of their transactions and dealings, including the segregation of client money and property (Section 86). Additionally, licensed futures brokers must provide monthly statements to their clients, detailing the particulars of futures contracts and the amounts involved (Section 84). Failure to comply with these obligations can result in significant penalties.
  • The Act also outlines specific offences and penalties for breaches. Engaging in futures market manipulation (Section 130) or making false or misleading statements in connection with futures contracts (Section 132) are considered serious offences, with penalties reaching up to $50,000 or 5 years imprisonment for natural persons, and $100,000 or 5 years imprisonment for other entities. Other offences include prohibiting certain representations (Section 128), insider dealing (Section 129), and fraudulent inducement to deal in futures contracts (Section 133). The Act provides for civil and criminal consequences for these offences, with the severity of the penalty often dependent on the nature and extent of the breach. For example, dealing in futures contracts on behalf of others without the proper licence or approval is subject to a penalty of $10,000 or 2 years imprisonment, or both (Section 128). The Act also includes provisions for the establishment and operation of fidelity funds (Part VII), and the imposition of conditions and restrictions on licences (Part IV). It is crucial for practitioners to understand these provisions to effectively advise their clients and ensure compliance with the Act.

Legal classification tags

Area of Law
Commercial Law
Financial Regulation
Consumer Law
Instrument
Act
Concepts
Definitions & Interpretation
Licence Provisions
Reporting & Disclosure Obligations
Offence Provisions
Regulatory Standards
Enforcement Powers
Judicial Review
Transitional Provisions
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.