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.]
(Omitted by SLI 2005 No 38, Sch 1 [ 20].)
7.5.30(2)
Subregulations 7.5.24(1) , 7.5.25(1) , 7.5.26(1) and 7.5.27(1) do not entitle a person ( person 1 ) to make a claim in respect of:
(a) a sale of securities by another person on behalf of person 1; or
(b) a purchase of securities by another person on behalf of person 1;
as the case may be, unless, on the day on which the agreement for the sale or purchase was entered into, the other person was a participant and carried on a securities business in Australia.
7.5.30(3)
A claim must be in writing and must be served on the SEGC within 6 months after the day on which the claimant became entitled to make the claim.
7.5.30(4)
A claim that is not made within the period prescribed by subregulation (3) is barred unless the SEGC otherwise determines.
7.5.30(5)
The SEGC may publish, in accordance with subregulation (5A) , a notice that:
(a) (Omitted) (b) names a particular dealer; and (c) requires that all claims under this Subdivision, by the named dealer, during a period (the applicable period ) specified in the notice in accordance with subregulation (6) must be served on the SEGC before the day (the last application day ) specified in the notice in accordance with subregulation (7) .
7.5.30(5A)
The notice is published in accordance with this subregulation if it is published in a manner that results in the notice being accessible to the public and reasonably prominent.
7.5.30(6)
The applicable period must be a period that starts and ends before the day on which the notice is first published.
7.5.30(7)
The last application day must be at least 3 months after the day on which the notice is first published.
7.5.30(8)
The SEGC, a member of the Board and any employee of, or person acting on behalf of, the SEGC each has qualified privilege in respect of the publication of a notice under subregulation (5) .
Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited
CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.
The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.
