Corporations Regulations 2001
View history note
Hide history note[ CCH Note: Pursuant to the Corporations Amendment Regulations 2001 (No 4) (SR 2001 No 319) effective 11 March 2002, Chapter 7 (Securities) comprising reg 7.1.01 - 7.15.01 and Chapter 8 (The futures industry) comprising reg 8.1.01 - 8.7.03 are replaced by a new Chapter 7 (Financial services and markets) comprising reg 7.1.01 - 7.12.01. As the subject matter of the new Chapter 7 relates to the new financial services reform regime, " inserted " has been used in the history notes for each provision, and all references to the former provisions have been removed.]
A person who suffers pecuniary loss in respect of a contravention, by a dealer, of the ASTC certificate cancellation provisions may make a claim in respect of the loss.
7.5.60(2) [ Loss in respect of unauthorised execution]The loss must not be a loss in respect of an unauthorised execution (within the meaning of paragraph 7.5.53(4) (a)) in respect of which the person has made, or is entitled to make, a claim under Subdivision 4.7 .
7.5.60(3) [ Involvement in contravention]The person must not have been involved in the contravention.
7.5.60(4) [ Matters to be satisfied]The following paragraphs must be satisfied in relation to the dealer:
(a) the dealer was a participant of a participating market licensee on the day of the contravention;
(b) either:
(i) the dealer was carrying on a securities business in Australia on that day; or
(ii) if the dealer was not so carrying on such a business on that day - the last securities business that the dealer carried on before that day was carried on in Australia.
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