Futures Industry Regulations (Amendment) (Cth)

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Statutory Rules 1989 No. /,

Futures Industry Regulations (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting

with the advice of the Federal Executive Council, and under section 4 of the Acts Interpretation Act 1901, being advice that is consistent with resolutions of the Ministerial Council for Companies and Securities, hereby make the following Regulations under the Futures Industry Act 1986.

Dated 2 5 O c td a er 1989.

BILL HAYDEN Governor-General

By His Excellency’s Command,

Minister of State for Telecommunications and

Aviation Sppport for and on behalf of the

Attorney-General

Principal Regulations

(S.R. 338/89)—Cat. No.

1. In these Regulations, “Principal Regulations” means the Futures Industry Regulations.

Application for licences may be in sealed envelopes

2. Regulation 10 of the Principal Regulations is amended by omitting “a futures broker’s licence, a futures broker’s representative’s licence, a futures adviser’s licence or a futures adviser's representative’s licence” and substituting “a futures broker’s licence or a futures adviser’s licence”.

Application for licence

3. Regulation 17 of the Principal Regulations is amended:

(a) by omitting “For the purposes of sub-section 65 (4) of the Act. the” and substituting “The”;

(b) by omitting subregulation (2).

Repeal of regulation 18

4. Regulation 18 of the Principal Regulations is repealed.

3/19.10.1989

2 Futures Industry 1989 No. j/

Annual statement required to be lodged by licensee

5. Regulation 21 of the Principal Regulations is amended:

(a) by omitting from subregulation (2) “sub-section 74(1)” and substituting “subsection 74 (3)”;

(b) by omitting subregulation (3).

6. Regulation 22 of the Principal Regulations is repealed and the following

regulations are substituted:

Register of holders of proper authorities

“22. For the purposes of paragraph 78e (3) (e) of the Act, the date of birth of each person who holds a proper authority from the licensee is prescribed information.

Copy of register—prescribed amount

“22a. For the purposes of paragraph 78G (3) (a) of the Act, the

prescribed amount is:

(a)	50 cents for each page, or part of a page, not exceeding foolscap folio size; or
(b)	if required by the licensee, 50 cents for each 100 words or part of 100 words;

to be supplied by the licensee.”.

Schedule 2

7. Schedule 2 to the Principal Regulations is amended:

(a)	by omitting from Form 3 “sub-section 65 (4)” and substituting “subsection 65 (1)”;
(b)	by omitting from Form 4 “sub-section 65 (4)” and substituting “subsection 65 (1)”;

(c) by omitting paragraph 2 (c) and item 12 from Form 7;

(d) by omitting Forms 5, 6 and 10.

Amendments of Forms 8 and 9

8. Forms 8 and 9 in Schedule 2 to the Principal Regulations are

amended as set out in the Schedule to these Regulations.

Futures Industry 1989 No. fv 3

SCHEDULE Regulation 8

AMENDMENTS TO FORMS 8 AND 9 IN SCHEDULE 2 TO THE

PRINCIPAL REGULATIONS PART 1—SUBSTITUTIONS

Provision	Substitute
amended Omit

Heading “A FUTURES BROKER OR “A LICENSEE (INCLUDING A

FUTURES ADVISER” FORMER LICENSEE)”

Item 2	“is carried on” (wherever occurring)	“is or was carried on”
Item 3	“is held”	“is or was held”

PART 2—INSERTION

After Item 8 insert the following item:

“ 8a. The names of the persons:

(a) who, when this statement is lodged, hold; or

(b) who, when the person lodging this statement last ceased to be a licensee, held;

as the case may be, proper authorities from the licensee are (state names in full), and

the total number of those persons is (state number).".

NOTES

1. Notified in the Commonwealth of Australia Gazette on 1989.

2. Statutory Rules 1986 No. 150 as amended to date. For previous amendments see Note 2 to Statutory Rules 1988 No. 341 and see also Statutory Rules 1988 No. 341.

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