Securities Industry Regulations (Amendment) (Cth)

Statutory Rules 1989 No. 2941

 

Securities Industry Regulations2

(Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting under section 4 of the Acts Interpretation Act 1901 and with the advice of the Federal Executive Council, being advice that, as required by subsection 150 (5) of the Securities Industry Act 1980,is consistent with resolutions of the Ministerial Council for Companies and Securities, hereby make the following Regulations under that Act.

Dated 25 October 1989

BILL HAYDEN

Governor-General

By His Excellency’s Command,

R. Kelly

Minister of State for Telecommunications and Aviation Support for and on behalf of the Attorney-General

 

Principal Regulations

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

Interpretation

2. Regulation 2 of the Principal Regulations is amended:

(a) by omitting the definition of “life office”;

(b) by omitting the definition of “superannuation scheme” and substituting the following definition:

“ ‘superannuation scheme’ means a complying superannuation fund within the meaning of section 267 of the Income Tax Assessment Act 1936.

3. After regulation 4 of the Principal Regulations the following regulation is inserted:

 

(S.R. 344/89)—Cat No. 3/19.10.1989

 

Annexures accompanying forms

“4a. (1) In this Regulation, ‘annexure’ includes a document that is with or attached to a form.

“(2) An annexure to a form must:

(a) have an identifying mark; and

(b) be endorsed with the words:

‘This is the annexure of (insert the number of pages) pages marked (insert an identifying mark) referred to in the (insert a description of the form) signed by (insert ‘me’ or ‘us’) and dated (insert the date of signing)’; and

(c) be signed by each person signing the form to which the document is annexed.

“(3) The pages in an annexure must be numbered consecutively.

“(4) Where a form has a document annexed, the following particulars of the annexure must be written on the form:

(a) the identifying mark; and

(b) the number of pages; and

(c) a brief description of its nature and contents.”.

Repeal

4. Regulation 15 of the Principal Regulations is repealed.

Application for licence to be enclosed in sealed envelope

5. Regulation 16 of the Principal Regulations is amended by omitting “, 14 or 15” and substituting “or 14”.

Repeal

6. Regulation 17 of the Principal Regulations is repealed.

7. Regulations 24 and 25 of the Principal Regulations are repealed and the following regulations substituted:

Register of holders of proper authorities: prescribed information

“24. For the purposes of paragraph 60e (3) (e) of the Act, the date of birth of each person who holds a proper authority from the licensee is prescribed information.

Amount payable for copy of a register

“25. For the purposes of subsection 60g (3) of the Act, the prescribed amount is:

(a) for each page, or part of a page, not exceeding foolscap folio size, of the copy given—$0.50; or

(b) if required by the licensee—for each 100 words, or part, of the copy given—$0.50.”.

 

Exemption form licensing, etc.

8. Regulation 26 of the Principal Regulations is amended:

(a) by omitting subregulation (7) and substituting the following subregulation:

“(7) Parts IV, VI and VII of the Act do not have effect in relation to a dealer who is a trustee for a superannuation scheme and deals in securities only in relation to the management and administration of the superannuation scheme.”;

(b) by omitting from subregulations (8) and (10) “Section 44” and substituting “Section 60a”;

(c) by omitting subregulations (11) and (12).

Notice under subsection 90 (2) or (3) or 90a (1) of the Act

9. Regulation 42 of the Principal Regulations is amended by inserting “or 90a(1)” after “(3)”.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 31 October 1989.

2. Statutory Rules 1981 No. 127 as amended by 1982 Nos. 124 and 125; 1983 Nos. 108 and 303; 1986 Nos. 35 and 148; 1987 Nos. 48, 129 and 173; 1988 Nos. 263 and 264.

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