CCH Note:
Part 13 of the
Corporations Act 1989, inserted
by sec 6 of No 110 of 1990, Sch 1 (effective 1 January 1991), begins as
follows:
PART 13 - THE CORPORATIONS LAW
THE CORPORATIONS LAW
82
The Corporations Law is as follows:...
CHAPTER 7 - SECURITIES
PART 7.10 - THE NATIONAL GUARANTEE FUND
Division 7A - Contraventions of SCH certificate cancellation provisions
History
Div 7A inserted by No 104 of 1994, Sch 2 (effective 15 July
1994).
SECTION 961E
HOW AND WHEN CLAIM MAY BE MADE
961E(1)
[Form of claim]
A claim must:
(a)
be in writing; and
(b)
be served on SEGC:
(i) if a notice under subsection (4) applies to the claim - before the end of the last application day specified in the notice; or
(ii) in any other case - within 6 months after the day on which the claimant first became aware that the claimant had suffered loss as a result of the dealer's contravention of the SCH certificate cancellation provisions.
History
S 961E(1) inserted by No 104 of 1994, Sch 2 (effective 15 July 1994).
961E(2)
[When subsec (4) applies to claim]
For the purposes of subsection
(1), a notice under subsection
(4) applies to a claim if the claim is in respect of a contravention of the SCH certificate cancellation provisions, by the dealer named in the notice, during the applicable period specified in the notice.
History
S 961E(2) inserted by No 104 of 1994, Sch 2 (effective 15 July 1994).
961E(3)
[Late service]
A claim that is not served on SEGC by the time required by paragraph
(1)(b) is barred unless the Board otherwise determines.
History
S 961E(3) inserted by No 104 of 1994, Sch 2 (effective 15 July 1994).
961E(4)
[Advertisement]
SEGC may publish, in each State and Territory in a daily newspaper circulating in that State or Territory, a notice that:
(a)
is in the prescribed form; and
(b)
names a particular dealer; and
(c)
requires that all claims in respect of contraventions of the SCH certificate cancellation provisions, by the named dealer, during a period (the
``applicable period''
) specified in the notice in accordance with subsection
(5) must be served on SEGC before the day (the
``last
application day''
) specified in the notice in accordance with subsection
(6).
History
S 961E(4) inserted by No 104 of 1994, Sch 2 (effective 15 July 1994).
961E(5)
[``applicable period'']
The applicable period must be a period that starts and ends before:
(a)
if each publication of the notice occurs on the same day - the day on which the notice is published; or
(b)
in any other case - the first day on which the notice is published.
History
S 961E(5) inserted by No 104 of 1994, Sch 2 (effective 15 July 1994).
961E(6)
[``last application day'']
The last application day must be at least 3 months after:
(a)
if each publication of the notice occurs on the same day - the day on which the notice is published; or
(b)
in any other case - the last day on which the notice is published.
History
S 961E(6) inserted by No 104 of 1994, Sch 2 (effective 15 July 1994).
961E(7)
[Qualified privilege]
SEGC, a member of the Board and any employee of, or person acting on behalf of, SEGC each have qualified privilege in respect of the publication of a notice under subsection
(4).
History
S 961E(7) inserted by No 104 of 1994, Sch 2 (effective 15 July 1994).
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