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 6A - Securities loans guarantees
History
Pt 7.10 Div 6A inserted by No 201 of 1991, Sch 1 (effective 18 December
1991).
SECTION 954A
INTERPRETATION - GENERAL DEFINITIONS
954A(1)
[Interpretation]
In this Division:
``borrower''
, in relation to a guaranteed securities loan, has the meaning given
by section
954B;
``claim''
means a claim under this Division against SEGC;
``compliance period''
, in relation to an obligation under a guaranteed securities loan,
means:
(a)
if the business rules of the lender as in force when the loan is made
prescribe a period in relation to the obligation for the purposes of this
paragraph - that period; or
(b)
otherwise - a period that is reasonable having regard to the
obligation and all the circumstances relating to the loan;
``excluded amount''
, in relation to a guaranteed securities loan, means an amount payable
by the borrower by way of a fee or charge, or by way of interest or a penalty,
in respect of the loan;
``guaranteed securities loan''
has the meaning given by section
954B;
``lender''
, in relation to a guaranteed securities loan, has the meaning given
by section
954B;
``security benefit''
means:
(a)
property (other than securities) or money transferred or paid to a
person because the person is or was the holder of a security; or
(b)
a right that a person has because the person is or was the holder of a
security, including, for example:
(i) a right to be paid an amount or to be issued with additional
securities; or
(ii) a right that arises out of a reduction in share capital, a scheme of
arrangement or compromise or a takeover bid.
History
S 954A(1) amended by No 156 of 1999, Sch 3, Pt 9 (effective 13 March 2000).
S 954A(1) amended by No 61 of 1998, Sch 2, Pt 3 (effective
1 July 1998).
S 954A(1) inserted by No 201 of 1991, Sch 1 (effective 18 December
1991).
954A(2)
[``security benefit'']
A reference in the definition of ``security benefit'' in subsection
(1) to a right is a reference to a right, whether existing or future, and whether contingent or not.
History
S 954A(2) inserted by No 201 of 1991, Sch 1 (effective 18 December 1991).