Corporations Amendment Regulations 2004 (No. 8)

(398 of 2004)

16 December 2004

Corporations Act 2001

1   Name of Regulations

These Regulations are the Corporations Amendment Regulations 2004 (No. 8).

2   Commencement

These Regulations commence on the date of their notification in the Gazette.

3   Amendment of Corporations Regulations 2001

Schedule 1 amends the Corporations Regulations 2001.

Schedule 1   Amendments

[1]   Subregulation 1.0.02 (1), after definition of ABN

insert

ACH means Australian Clearing House Pty Limited.

[2]   Subregulation 1.0.02 (1), definition of OCH

omit

[3]   Before paragraph 7.1.01 (a)

insert

(aa) Australia Pacific Exchange Limited;

[4]   Regulation 7.1.09

omit

For

insert

(1) For

[5]   Paragraph 7.1.09 (e)

omit

Act.

insert

Act;

[6]   After paragraph 7.1.09 (e)

insert

(f) each obligation arising from a contract to transfer a financial product mentioned in paragraph 764A (1) (k) of the Act;

(g) each obligation arising from a contract to transfer a right that includes an undertaking by a body to repay, as a debt, money deposited with or lent to the body;

(h) each obligation arising from the entry into a repurchase agreement.

[7]   Regulation 7.1.09

insert

(2) In this regulation, repurchase agreement means a repurchase transaction, in relation to a financial product, entered into pursuant to:

(a) The Bond Market Association and the International Securities Market Association Global Master Repurchase Agreement (known as the TBMA/ISMA Global Master Repurchase Agreement); or

(b) another commonly used master agreement for repurchase transactions.

[8]   Paragraph 7.4.01 (c)

substitute

(c) SFE Corporation Limited, in its capacity as the holding company of the following bodies corporate that have an Australian market licence or an Australian CS facility licence:

(i) Austraclear Limited;

(ii) SFE Clearing Corporation Pty Limited;

(iii) Sydney Futures Exchange Limited;

[9]   Paragraph 7.4.01 (f)

omit

licence).

insert

licence);

[10]   After paragraph 7.4.01 (f)

insert

(g) Austraclear Limited (in its capacity as a body corporate that has an Australian CS facility licence).

[11]   Regulation 7.11.22

substitute

7.11.22 Details to be included in instrument of transfer

(1) For subsection 1071B (3) of the Act, for a transfer of unquoted securities, the State or Territory in this jurisdiction in which the company is taken to be registered is a prescribed detail.

(2) In this regulation:

unquoted securities means securities (within the meaning of subsection 1071A (1) of the Act) that are not admitted to quotation on any of the financial markets operated by the Australian Stock Exchange Limited, Bendigo Stock Exchange Limited or Stock Exchange of Newcastle Limited.

[12]   Schedule 3, item 6

omit

[13]   Schedule 4, item 1, column 2, paragraph (a)

omit

subsection 173 (2):

insert

subsection 173 (2) or subsection 672DA (7):

[14]   Schedule 4, item 3, column 2

omit

subsection 173 (3):

insert

subsection 173 (3) or subsection 672DA (8):

[15]   Further amendments