THE CORPORATIONS LAW

CHAPTER 8 - THE FUTURES INDUSTRY

PART 8.2 - FUTURES EXCHANGES, CLEARING HOUSES AND FUTURES ASSOCIATIONS

Division 1 - Futures exchanges and exempt futures markets

SECTION 1126   APPROVAL OF FUTURES EXCHANGE  

1126(1)  [Application for approval as futures exchange]  

A body corporate may apply to the Commission in writing for approval by the Minister as a futures exchange.

1126(2)  [Criteria for approval as futures exchange]  

Subject to section 102A, where a body applies under subsection (1) of this section, the Minister may by writing approve the body as a futures exchange if, and only if, he or she is satisfied that:

(c)  the body's business rules make satisfactory provision:

(i) for the admission as members of persons licensed, or proposing to apply to be licensed, under Part 8.3, or of a specified class of such persons;

(ii) for the qualifications for membership, including the necessary standards of training and experience for:

(A) responsible officers of bodies corporate that; and

(B) natural persons who;are, or propose to be, members;

(iii) for the manner in which members are to conduct their business of dealing in futures contracts so as to ensure efficiency, honesty and fair practice in relation to such dealing;

(iiia) for the exclusion of a body corporate from membership where a responsible officer of the body corporate would be excluded from membership;

(iv) for the exclusion of a person from membership where:

(A) if the person is a body corporate - a responsible officer, or an employee, of the body corporate; or

(B) otherwise - the person or an employee of the person;is not of good character and high business integrity;

(v) for the expulsion, suspension or disciplining of a member for conduct inconsistent with just and equitable principles in the transaction of business or for a contravention of the body's business rules or of this Chapter;

(vi) for an appropriate mechanism whereby a person whose application for membership of the body is refused, or whose membership of the body is cancelled or suspended, in circumstances where the person does not have a right to appeal to the Court under subsection 1135(1) against the decision to refuse the application, or to cancel or suspend the membership, as the case may be, may appeal against the decision;

(vii) for an appropriate mechanism whereby a person who has been disciplined by the body otherwise than by way of cancellation or suspension of the person's membership of the body may appeal against the decision to discipline the person;

(viii) for the inspection and audit of the financial records that this Chapter requires members to keep;

(ix) with respect to the classes of futures contracts that may be dealt in by members;

(xi) prohibiting a member from accepting or executing, otherwise than in accordance with the business rules, instructions from another person to deal in futures contracts;

(xii) prohibiting a member from dealing in futures contracts on behalf of another person otherwise than in accordance with instructions accepted by the member from the person;

(xiii) prohibiting a member from dealing in futures contracts, on behalf of another person, on a futures market of a futures exchange or of a recognised futures exchange, otherwise than in accordance with the business rules of the futures exchange or recognised futures exchange, as the case may be;

(xiv) prohibiting a member, except as permitted by the business rules, from executing the instructions of another person to deal in futures contracts unless the instructions are executed in such a manner that the dealing is effected on a futures market of a futures exchange or of a recognised futures exchange or on an exempt futures market;

(xv) with respect to the conditions under which members may deal in futures contracts;

(xvi) for the equitable and expeditious settlement of claims and grievances between members, being claims and grievances relating to the transaction of business by members in their capacity as members;

(xvii) for appropriate mechanisms for the conciliation and settlement of disputes between members and their clients, being disputes concerning dealings in futures contracts by members on behalf of their clients or concerning transactions between members and their clients in connection with such dealings; and

(xviii) generally for carrying on the business of the proposed futures exchange with due regard for the interests and protection of the public;

(d)  there will be enough money in the body's fidelity fund to make the payments out of the fund that may reasonably be expected to be necessary for the purposes of Part 8.6; and

(e)  the interests of the public will be served by granting the application.

1126(3)  [Futures exchange under previous law]  

Where, immediately before the commencement of this section, a body corporate was a futures exchange within the meaning of a previous law of this jurisdiction corresponding to this Part, the Minister shall be deemed to have approved the body at that commencement as a futures exchange under subsection (2).