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.]
This regulation applies to a person who suffers loss or damage because of conduct of a participant that was engaged in a contravention of the ASTC certificate cancellation provisions.
7.11.43(2) [ Recovery action]The person may, unless the person was involved in the contravention, recover the amount of the loss or damage by action against the participant, whether or not the participant has been convicted of an offence in respect of the contravention.
7.11.43(3) [ Limitation period]An action under subregulation (2) must be begun within 6 years after the day on which the cause of action arose.
7.11.43(4) [ Liability under other law]This regulation does not affect a liability that a person has under any other law.
7.11.43(5) [ Proceeding in respect of loss or damage]For section 1310B of the Act, an action under subregulation (2) is taken to be a proceeding in respect of loss or damage arising out of a contravention of the Act.
[ CCH Note: The reference to ``section 1310B of the Act'' is a legislative oversight. There is no section 1310B in the Corporations Act 2001 .]
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