CTHRepealedAct
Securities Industry Act 1980
114Notice calling for claims against fund
Start here
Get a plain-English read of 114
Turn the raw legal text into a practical explanation grounded in Securities Industry Act 1980.
##### 114 Notice calling for claims against fund
(1) A securities exchange may cause to be published in a daily newspaper circulating generally in the Territory (and if, in any State or other Territory, that newspaper does not circulate generally, in a newspaper that does so circulate in that State or other Territory), a notice in the prescribed form specifying a date, not being earlier than 3 months after the publication of the notice, on or before which claims for compensation from the fidelity fund, in relation to the person specified in the notice, may be made.
(2) A claim for compensation from a fidelity fund of a securities exchange in respect of a pecuniary loss shall be made in writing to the securities exchange:
(a) where a notice under subsection (1) has been published, on or before the date specified in the notice; or
(b) where no such notice has been published, within 6 months after the claimant became aware of the pecuniary loss;
and a claim that is not so made is barred unless the securities exchange otherwise determines.
(3) It is a defence to an action for damages against a securities exchange, a member of a committee of a securities exchange or a member or employee of a securities exchange in respect of the publication of a notice under subsection (1) if the defendant establishes that the notice was published in good faith for the purposes of this section.