Australian Stock Exchange and National Guarantee Fund Act 1987 (Cth)

Australian Stock Exchange and National Guarantee Fund Act 1987

No. 6 of 1987

TABLE OF PROVISIONS PART I—PRELIMINARY Section 1. Short title 2. Commencement PART II—AMENDMENTS OF SECURITIES INDUSTRY ACT 1980 3. Principal Act 4. Interpretation 5. Insertion of new Part— PART IIa—AUSTRALIAN STOCK EXCHANGE LIMITED 36a. Interpretation 36b. Incorporation 36c. Names of Exchange and Exchange subsidiaries 36d. Additional functions and powers 36e. Memorandum, articles, listing rules and business rules of Exchange 36f. New memorandum and articles of nominated exchange 36g. Membership of Exchange 36h. Membership of nominated exchange 36j. Disciplinary proceedings in respect of past conduct of nominated exchange members 36k. Seat redemption scheme 36l. Exchange to take over main board listing agreements 36m. Transfer of certain assets of nominated exchange 36n. Transfer of Part VIII deposits held by nominated exchange 36p. How Parts VIII and IX apply in relation to a local Exchange subsidiary 36q. Appointment of new trustees of certain trusts 36r. Transfer of assets and liabilities of AASE 36s. Transfer of AASE employees 36t. Part not to prejudice corresponding provisions

TABLE OF PROVISIONS—continued Section 6. Insertion of new section— 42b. Qualified privilege in respect of disciplinary proceedings 7. Repeal of sections 94a and 95 and substitution of new sections— 94a. Interpretation 95. Deposits to be lodged by member organisations 8. Deposit to be proportion of trust account balances 9. Deposits to be invested by stock exchange 10. Accounts in respect of deposits 11. Claims etc. not affected by this Part 12. Insertion of new section— 99a. Interpretation 13. Establishment of fidelity fund 14. Claims against the fund 15. Insertion of new Part— PART IXa—THE NATIONAL GUARANTEE FUND Division 1—Interpretation 122aa. Interpretation 122ab. Excluded persons 122ac. Becoming insolvent 122ad. Permitted investments Division 2—The Corporation 122ba. Ministerial Council to nominate 122bb. Functions and powers under Fund provisions 122bc. Commission to be notified of amendments to business rules Division 3—The Fund 122ca. Establishment 122cb. Property constituting Fund 122cc. Fund to be kept in separate bank account 122cd. Payments out of Fund 122da. Accounts of Fund 122db. Investment of Fund 122dc. Interest and profits from investment of Fund 122dd. Minimum amount of Fund Division 4—Levies where Fund less than Minimum Amount 122ea. Interpretation 122eb. Levy on reportable transactions 122ec. Payment by leviable dealer 122fa. Revocation of levy on reportable transactions 122fb. Levy on participating exchanges 122fc. Levy by participating exchange on members or member organisations Division 5—Securities Industry Development Accounts 122ga. Interpretation 122gb. Payments where Fund exceeds minimum amount 122gc. Payments into and out of development account 122gd. Investment 122ge. Accounts TABLE OF PROVISIONS—continued Division 6—Contract Guarantees Section 122h. Interpretation 122j. Claim by selling dealer in respect of default by buying dealer 122k. Claim by buying dealer in respect of default by selling dealer 122l. Claim by selling client in respect of default by selling dealer 122m. Claim by buying client in respect of default by buying dealer 122n. Cash settlement of claim where settlement documents unobtainable 122p. Making of claims Division 7—Claims in respect of Insolvent Members 122q. Interpretation 122r. Claim in respect of property entrusted to, or received by, dealer before dealer became insolvent 122s. Cash settlement of claims where property unobtainable 122t. Ordering of alternative claims and prevention of double recovery 122u. No claim in respect of money lent to dealer 122v. No claim in certain other cases 122w. Limits of compensation 122x. Making of claims Division 8—Claims under Divisions 6 and 7 122ya. Power of Corporation to allow and settle claim 122yb. Successful claimant entitled to costs and disbursements 122yc. Interest 122yd. Application of Fund in respect of certain claims 122ye. Allowing of claim not to constitute admission 122yf. Corporation to notify claimant where claim disallowed 122yg. Proceedings in the Court 122yh. Arbitration of amount of cash settlement of certain claims 122yj. Form of order of Court establishing claim 122yk. Power of Board to require production of securities etc. 122za. Subrogation of Corporation to claimant's rights etc. 122zb. Payment of claims only from Fund 122zc. Corporation may enter into contracts of insurance or indemnity 122zd. Instalment payments Division 9—Transitional 122ze. Interpretation 122zf. Assets and liabilities of transferring exchange's fidelity fund 122zg. Final accounts in respect of transferring exchange's fidelity fund 122zh. Application of liability provisions in relation to transferred claims PART III—AMENDMENTS OF COMPANIES (ACQUISITION OF SHARES) ACT 1980 16. Principal Act 17. Definitions 18. Other interpretative and evidentiary provisions 19. Take-over announcements 20. Declaration where take-over offers are conditional 21. Withdrawal of on-market offers 22. Suspension of acceptance of offers made by virtue of take-over announcement PART IV—AMENDMENTS OF COMPANIES ACT 1981 23. Principal Act 24. Interpretation 25. Copy of notice to be served on securities exchanges TABLE OF PROVISIONS—continued Section