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.]
For this Part, an excluded person , in relation to a participant of a participating market licensee, or a participant of the licensed CS facility operated by ACH, means:
(a) in any case - the participant; or
(b) if the participant is not a body corporate:
(i) a person who is the spouse, or who is a relative, of the participant; or
(ii) a trustee of a trust in relation to which the participant or a person of a kind mentioned in subparagraph (i) is capable of benefiting; or
(iii) a body corporate of which the participant is an officer; or
(iv) a body corporate in which the participant or a person of a kind mentioned in subparagraph (i) has a controlling interest; or
(v) a body corporate in which the participant, and a person of a kind mentioned in subparagraph (i) have a controlling interest; or
(vi) a body corporate in which the participant and 2 or more persons of a kind mentioned in subparagraph (i) have a controlling interest; or
(vii) a body corporate in which 2 or more persons of a kind mentioned in subparagraph (i) together have a controlling interest; or
(c) if the participant is:
(i) a person who is an officer of the body corporate; or
(ii) a body corporate that is related to the first-mentioned body corporate; or
(iii) a person who is the spouse, or who is a relative, of a person of a kind mentioned in subparagraph (i); or
(iv) a trustee of a trust in relation to which a person of a kind mentioned in subparagraph (i) or (iii) is capable of benefiting; or
(v) a body corporate in which a person of a kind mentioned in subparagraph (i) or (iii) has, or 2 or more such persons together have, a controlling interest; or
(d) if the participant is a partner in a participant of the participating market licensee or licensed CS facility and is not a body corporate:
(i) a person who is a partner in the participant; or
(ii) a person who is the spouse, or who is a relative, of a partner (not being a body corporate) in the participant; or
(iii) a trustee of a trust in relation to which a person of a kind mentioned in subparagraph (i) or (ii) is capable of benefiting; or
(iv) a person who is an officer of a body corporate that is a partner in the participant; or
(v) a body corporate of which a person of a kind mentioned in subparagraph (i), (ii) or (iii) is an officer, or in which such a person has, or 2 or more such persons together have, a controlling interest; or
(vi) a person who is a participant of the licensed CS facility operated by ACH; or
(e) if the participant is a partner in a participant of the participating market licensee or licensed CS facility and is a body corporate:
(i) a person who is an officer of a body corporate that is a partner in the participant; or
(ii) a body corporate that is related to the first-mentioned body corporate; or
(iii) a person who is a partner in the participant; or
(iv) a person who is the spouse, or who is a relative, of a person (other than a body corporate) of a kind mentioned in subparagraph (i) or (iii); or
(v) a trustee of a trust in relation to which a person of a kind mentioned in subparagraph (i), (iii) or (iv) is capable of benefiting; or
(vi) a body corporate in which a person of a kind mentioned in subparagraph (i), (iii) or (iv) has, or 2 or more such persons together have, a controlling interest; or
(vii) a person who is a participant of the licensed CS facility operated by ACH.
(Omitted by SR 2004 No 26, Sch 2 [ 20] (effective 11 March 2004).)
7.5.04(2) [ Relative of a person]
A reference in subregulation (1) or (1A) to a relative of a person includes a reference to a relative of the spouse (if any) of the person.
A reference in subregulation (1) or (1A) to an officer of a body corporate is a reference to:
(a) a director, secretary or executive officer of the body corporate; or
(b) a person who is an officer of the body corporate by virtue of paragraph (b), (c), (d) or (e) of the definition of officer in section 9 of the Act.
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