THE CORPORATIONS LAW

CHAPTER 7 - SECURITIES

PART 7.10 - THE NATIONAL GUARANTEE FUND

Division 8 - Claims in respect of insolvent members

SECTION 969   MAKING OF CLAIMS  

969(1)  [Publication of notice]  

SEGC may publish, in each State and Territory, in a daily newspaper circulating generally in that State or Territory, a notice in the prescribed form specifying a day, not being earlier than 3 months after the publication of the notice, on or before which claims against SEGC may be made, being claims that, because of a dealer specified in the notice having become insolvent, this Division entitles persons to make.

969(2)  [Time limits]  

Where, because of a dealer having become insolvent on a particular day, this Division entitles a person to make a claim, the claim shall be in writing and shall be served on SEGC:

(a)  if there has been published in accordance with subsection (1) a notice specifying a day on or before which claims may be made, being claims that, because of the dealer having become insolvent on that day, this Division entitles persons to make - on or before that day; or

(b)  otherwise - within 6 months after the person becomes aware of the dealer having become insolvent on that day.

969(3)  [Board may lift time bar]  

A claim that is not made in accordance with subsection (2) is barred unless the Board otherwise determines.

969(4)  [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 (1).




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