Corporations Regulations 2001
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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.]
Modifying legislative instruments: The application of Pt 7.9 is affected by the ASIC Corporations (Disclosure of Fees and Costs) Instrument 2019/1070.
For other legislative instruments or class orders before 1 January 2022 that affect the application of Pt 7.9, please consult the legislative instruments or class orders directly. These are reproduced in the regulatory-resources section of the company-law practice area in CCH iKnowConnect.
For paragraph 1017F(8)(d) of the Act, this regulation applies in relation to a transaction that is the acquisition or disposal of a financial product.
The confirmation of the transaction must identify:
(a) the financial product; and
(b) the number or amount of financial products that are the subject of the transaction.
If the transaction takes place in the ordinary course of business on a licensed market, the confirmation of the transaction must also identify each licensed market of which the responsible person is a participant.
If the responsible person is dealing on their own behalf with a person who is not a financial services licensee, the confirmation of the transaction must also state that the responsible person is dealing in that way.
Subregulation (4) does not apply if:
(a) the transaction is the issue of a product; and
(b) the responsible person is the product issuer.
(a) the financial product is able to be traded on a market in which the responsible person is a participant; and
(b) the transaction did not take place in the ordinary course of business on a licensed market in which the responsible person is a participant;
the confirmation of the transaction must also include a statement to that effect.
If the transaction took place on-market, the confirmation of the transaction must also include the name by which that market is generally known.
If the transaction involves more than one financial product, the confirmation of the transaction must also include the price per unit of the financial products.
For paragraph 1017F(9)(c) of the Act, paragraph 1017F(8)(a) of the Act is modified in its application to a transaction involving a basic deposit product (other than an acquisition or disposal of the product) by omitting ``and the holder''.
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