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Corporations Amendment Regulations 2005 (No. 2)

Authoritative Version
  • - F2005L00717
  • No longer in force
SLI 2005 No. 38 Regulations as made
These Regulations amend the Corporations Regulations 2001.
Administered by: Treasury
Made 23 Mar 2005
Registered 24 Mar 2005
Tabled HR 10 May 2005
Tabled Senate 10 May 2005
Date of repeal 09 Aug 2013
Repealed by Treasury (Spent and Redundant Instruments) Repeal Regulation 2013

Corporations Amendment Regulations 2005 (No. 2)1

Select Legislative Instrument 2005 No. 38

I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Corporations Act 2001.

Dated 23 March 2005

P. M. JEFFERY

Governor-General

By His Excellencys Command

CHRIS PEARCE


1 Name of Regulations

These Regulations are the Corporations Amendment Regulations 2005 (No. 2).

2 Commencement

These Regulations commence on 31 March 2005.

3 Amendment of Corporations Regulations 2001

Schedule 1 amends the Corporations Regulations 2001.

4 Transitional

The amendments made by items [1] to [26] of Schedule 1 do not apply to a claim under Division 4 of Part 7.5 of the Act that:

(a) the claimant was entitled to make before 31 March 2005; and

(b) was not withdrawn or finally determined before 31 March 2005; and

(c) is made under regulation 7.5.20, 7.5.21, 7.5.22 or 7.5.23, or Subdivision 4.4 or 4.5 of Part 7.5 of the Regulations, as in force immediately before 31 March 2005; and

(d) is served on the SEGC before 30 September 2005.


Schedule 1 Amendments

(regulation 3)

[1] Subregulation 1.0.02 (1), definition of settlement authority

omit

[2] Subregulation 1.0.02 (1), definition of settlement documents

omit

(other than a guaranteed securities loan)

[3] Subregulation 7.5.01 (1), definitions of borrower, claimable obligation, completion period, compliance period, excluded amount, guaranteed securities loan and lender

omit

[4] Subregulation 7.5.01 (1), definition of purchase obligation

substitute

purchase obligation means an obligation to transfer securities under an agreement for the purchase of securities, if the purchase is, for Subdivision 4.3, a reportable transaction.

[5] Subregulation 7.5.01 (1), definition of replacement agreement

omit

[6] Subregulation 7.5.01 (1), definition of security benefit

omit

[7] Subregulation 7.5.03 (1)

omit

4.5 and 4.9

insert

4.7, 4.9 and 4.10

[8] Subregulation 7.5.03 (2)

omit

[9] Subregulation 7.5.03 (3)

omit

Subdivision 4.9

insert

Subdivisions 4.7, 4.9 and 4.10

[10] Regulation 7.5.05

omit

[11] Subregulation 7.5.07 (1)

omit

Subdivisions 4.5 and

insert

Subdivision

[12] Regulation 7.5.08

omit

Subdivisions 4.5 and

insert

Subdivision

[13] Regulations 7.5.11 and 7.5.12

omit

[14] Subregulation 7.5.19 (1)

omit

regulations 7.5.20

insert

regulations 7.5.24

[15] Paragraphs 7.5.19 (1) (b) and (2) (b)

omit

rules,

insert

rules or under ACHs operating rules,

[16] Subregulation 7.5.19 (3)

omit

regulations 7.5.20

insert

regulations 7.5.24

[17] Regulations 7.5.20 to 7.5.23

omit

[18] Paragraph 7.5.28 (1) (a)

substitute

(a) the SEGC allows a claim under subregulation 7.5.26 (5) in respect of a purchase of securities by a dealer on behalf of a buying client; and

[19] Paragraph 7.5.29 (1) (a)

substitute

(a) the SEGC allows a claim under subregulation 7.5.27 (5) in respect of a purchase of securities by a dealer on behalf of a buying client; and

[20] Subregulation 7.5.30 (1)

omit

[21] Regulation 7.5.31

omit

[22] Part 7.5, Subdivisions 4.4 and 4.5

omit

[23] Subregulation 7.5.71 (1)

omit

14%

insert

15%

[24] Subparagraph 7.5.74 (1) (b) (ii)

substitute

(ii) would have been entitled to make a claim in respect of the failure if securities had not been transferred to it for the purpose of remedying the failure; and

[25] Subparagraph 7.5.74 (1) (b) (iii)

omit

[26] Subregulation 7.5.81 (6), definition of cash settlement provision, paragraphs (c) to (i)

omit

[27] After subregulations 10.2.26 (2) and 10.2.27 (2)

insert

(3) However, the person cannot make a claim under section 949 or 950, or Division 6A, 6B or 6C of Part 7.10, of the old Corporations Act after 30 September 2005.

Note

1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.frli.gov.au.