Corporations Regulations 2001

CHAPTER 7 - FINANCIAL SERVICES AND MARKETS  

PART 7.5 - COMPENSATION REGIMES FOR FINANCIAL MARKETS  

Division 4 - NGF Compensation regime  

Subdivision 4.3 - Contract guarantees  

REGULATION 7.5.30   MAKING OF CLAIMS  

7.5.30(1)    
(Omitted by SLI 2005 No 38, Sch 1 [ 20].)

7.5.30(2)    
Subregulations 7.5.24(1) , 7.5.25(1) , 7.5.26(1) and 7.5.27(1) do not entitle a person ( person 1 ) to make a claim in respect of:

(a) a sale of securities by another person on behalf of person 1; or

(b) a purchase of securities by another person on behalf of person 1;

as the case may be, unless, on the day on which the agreement for the sale or purchase was entered into, the other person was a participant and carried on a securities business in Australia.

7.5.30(3)    
A claim must be in writing and must be served on the SEGC within 6 months after the day on which the claimant became entitled to make the claim.

7.5.30(4)    
A claim that is not made within the period prescribed by subregulation (3) is barred unless the SEGC otherwise determines.

7.5.30(5)    

The SEGC may publish, in accordance with subregulation (5A) , a notice that:

(a) (Omitted)

(b)    names a particular dealer; and

(c)    

requires that all claims under this Subdivision, by the named dealer, during a period (the applicable period ) specified in the notice in accordance with subregulation (6) must be served on the SEGC before the day (the last application day ) specified in the notice in accordance with subregulation (7) .

7.5.30(5A)    

The notice is published in accordance with this subregulation if it is published in a manner that results in the notice being accessible to the public and reasonably prominent.

7.5.30(6)    

The applicable period must be a period that starts and ends before the day on which the notice is first published.

7.5.30(7)    

The last application day must be at least 3 months after the day on which the notice is first published.

7.5.30(8)    
The SEGC, a member of the Board and any employee of, or person acting on behalf of, the SEGC each has qualified privilege in respect of the publication of a notice under subregulation (5) .