Corporations Regulations 2001
CHAPTER 7
-
FINANCIAL SERVICES AND MARKETS
PART 7.5
-
COMPENSATION REGIMES FOR FINANCIAL MARKETS
Division 4
-
NGF Compensation regime
Subdivision 4.9
-
Claims in respect of insolvent participants
REGULATION 7.5.70
MAKING OF CLAIMS
7.5.70(1)
The SEGC may publish, in accordance with subregulation (1A) , a notice, using Form 720, specifying a day, not being earlier than 3 months after the publication of the notice, on or before which claims against the SEGC may be made, being claims that, because of a dealer specified in the notice having become insolvent, this Subdivision entitles persons to make.
7.5.70(1A)
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.
7.5.70(2)
If this Subdivision entitles a person to make a claim, the claim must be in writing and must be served on the SEGC: (a) if there has been published in accordance with subregulation (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 Subdivision entitles persons to make - on or before that day; or (b) in any other case - within 6 months after the person becomes aware of the dealer having become insolvent on that day.
7.5.70(3)
A claim that is not made in accordance with subregulation (2) is barred unless the SEGC otherwise determines.
7.5.70(4)
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 (1) .
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.]
The SEGC may publish, in accordance with subregulation (1A) , a notice, using Form 720, specifying a day, not being earlier than 3 months after the publication of the notice, on or before which claims against the SEGC may be made, being claims that, because of a dealer specified in the notice having become insolvent, this Subdivision entitles persons to make.
7.5.70(1A)
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.
7.5.70(2)
If this Subdivision entitles a person to make a claim, the claim must be in writing and must be served on the SEGC: (a) if there has been published in accordance with subregulation (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 Subdivision entitles persons to make - on or before that day; or (b) in any other case - within 6 months after the person becomes aware of the dealer having become insolvent on that day.
7.5.70(3)
A claim that is not made in accordance with subregulation (2) is barred unless the SEGC otherwise determines.
7.5.70(4)
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 (1) .
This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.