Securities Industry Regulations (Amendment) (Cth)

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Statutory Rules 1988 No. 2641

____________

Securities Industry Regulations2

(Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Securities Industry Act 1980.

Dated 27 October 1988.

N. M. STEPHEN

Governor-General

By His Excellency's Command,

Michael Tate

Minister of State for Justice for and on behalf of the

Attorney-General

____________

Principal Regulations

1. In these Regulations, "Principal Regulations" means the Securities Industry Regulations.

2. After regulation 45 of the Principal Regulations, the following regulations are inserted:

Prescribed information for purposes of section 122ge of the Act

"45a. For the purposes of section 122ge of the Act, the following information is prescribed, namely, information in accordance with Form 24.

Notice calling for claims against Corporation

"45b. The prescribed form of notice for the purposes of subsection 122x (1) of the Act is a notice in accordance with Form 25.

Prescribed rate of interest—subsection 122yc (2) of the Act

"45c. The prescribed rate of interest for the purposes of subsection 122yc (2) of the Act is a rate of 5% per annum.

_________________________________________________________________________________

(S.R. 218/88)—Cat. No.

24/4.8.1988

Notice of disallowance of claim against Corporation

"45d. The prescribed form of notice for the purposes of section 122yf of the Act is a notice in accordance with Form 26.".

Schedule 1

3. Schedule 1 to the Principal Regulations is amended by adding at the end the following forms:

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"FORM 24

Section 122ge

Regulation 45a

Securities Industry Act 1980

STATEMENT IN RELATION TO PAYMENTS OUT OF DEVELOPMENT ACCOUNT

Statement of payments

1. Participating exchange: ...................................................................................................

2. Details of payments in respect of

financial year ending on 19

(a) purpose of payments (state purpose as approved by Ministerial Council) ...................................................................................................................... .....................................................................................................................
(b) date of approval by Ministerial Council 19
(c) amount of payments	$
(d) total of all payments (including any previous financial year) for this purpose (state total at end of financial year) $
(e) further payments for this purpose ARE/ARE NOT/ envisaged.
3. Total of payments for all purposes in respect of financial year ending on 19	$

Declaration

I, (full name), declare:

(a) that, to the best of my knowledge and belief, the information contained in the above statement of payments is correct; and
(b) that this declaration is made pursuant to a resolution of the board of directors of (insert name of participating exchange), being a resolution that has adopted the information contained in the statement.

Dated

19 .

...............................................

(Signature of *director/*secretary/

*principal executive officer)

Statement by auditor

*I/*We/, (name of auditor), state that:

(a) *I/*We/ have audited the above statement of payments out of the development account of (name of participating exchange) in respect of the financial year ending on 19; and
(b) in *my/*our/ opinion, that statement of payments *does/*does not/ accurately represent the payments made out of that account in the course of that financial year.

Dated 19

...............................................

(Signature of auditor)

*Strike out if not applicable.

_________________________________________________________________________________

DIRECTION

If payments to be specified under clause 2 of the statement of payments relate to more than one approved purpose, paragraphs (a) to (e) inclusive of that clause should be repeated for each purpose.

_________

"FORM 25

Subsection 122X (1)

Regulation 45B

Securities Industry Act 1980

NOTICE CALLING FOR CLAIMS AGAINST THE NATIONAL SECURITIES EXCHANGES GUARANTEE CORPORATION

In relation to (1)......................................................... of(2).......................................................... *formerly/carrying on business at(3).............................................................................. in the *State/*Territory/of...................................................................................., a dealer who has become insolvent.

Notice is given that any person who wishes to make a claim under subsection 122r (1) of the Securities Industry Act 1980 in respect of property that was, in the course of, or in connection with, the abovementioned dealer's business of dealing in securities, entrusted to or received by that dealer (or another person as provided under that subsection) is required to lodge in writing particulars of his or her claim with the National Securities Exchanges Corporation before 19 .

Subject to section 122x of the Act, a claim not received by the Corporation on or before the above date will not be admitted or allowed.

Dated

19 .

...............................................

(Signature of authorised officer)

For the Corporation

* Strike out if not applicable.

(1)Insert name of dealer who has become insolvent.

(2) Insert residential address.

(3)Insert address of principal place of business.

NOTE

Subsection 122r(1) of the Securities Industry Act 1980 provides to the effect that, where the requirements of the subsection are otherwise met, a person may make a claim in respect of property that was, in the course of, or in connection with, the dealer's business of dealing in securities, entrusted to, or received by:

(a) unless paragraph (b) applies—the dealer or an employee of the dealer; or

(b) if the dealer was, at the time the property was so entrusted or received, a partner in a member organisation—the member organisation, or a partner in, or an employee of, the member organisation.

_________

"FORM 26

Section 122yf

Regulation 45D

Securities Industry Act 1980

NOTICE OF DISALLOWANCE OF

CLAIM AGAINST THE NATIONAL

SECURITIES EXCHANGES GUARANTEE CORPORATION

In relation to (1).......................................................... of (2).......................................................... *formerly/carrying on business at (3) ..........................................................................., in the *State/*Territory/of .................................................................................., a dealer who has become insolvent.

The committee of the Corporation has considered your claim against the Corporation in respect of property alleged to have been entrusted to or received by *the abovementioned dealer/* (insert reference to another person referred to in subparagraph 122r(1)(b)(i) or (ii) of the Act)/in the course of, or in connection with, that dealer's business of dealing in securities.

The Corporation has decided, having regard to all available evidence, that the claim should be *disallowed/*partly disallowed/to the extent set out below, and you are hereby notified accordingly.

Dated 19

..................................................................................

(Signature of authorised officer)

For the Corporation

Details relating to disallowance of claim

............................................................................................................................................................

* Strike out if not applicable.

(1)Insert name of dealer who has become insolvent.

(2)Insert residential address.

(3)Insert address of principal place of business."

NOTES

1. Notified in the Commonwealth of Australia Gazette on 4 November 1988.

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 No. 263

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