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(b) was not withdrawn or finally determined before 31 March 2005; and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