122AAInterpretation

##### 122AA Interpretation (1) In this Part, unless the contrary intention appears: > Board means the committee of the Corporation. > claim means a claim under Division 6, 6A or 7. > eligible exchange means: (a) the Exchange; or (b) a securities exchange, or a recognised securities exchange, that is neither the Exchange nor an Exchange subsidiary. > Fund provisions means all of the following provisions: (a) the provisions of this Part; (b) the respective provisions of the laws of the participating States and participating Territories that correspond with this Part. > minimum amount means: (a) unless paragraph (b) applies—$15,000,000; or (b) if a determination is in force under section 122DD—the amount specified in the determination as the minimum amount of the Fund for the purposes of the Fund provisions. > obligations, in relation to a member or member organisation of a participating exchange, in relation to a person, includes obligations arising under a law, under the participating exchange’s business rules or under an agreement between: (a) in any case—the member or member organisation and the person; or (b) if the member is a partner in a member organisation of the participating exchange—the last‑mentioned member organ‑isation and the person. > orderly market means an orderly market on a stock market of a participating exchange or of an Exchange subsidiary. > participating exchange means an eligible exchange that is a member of the Corporation. > property includes money, securities, and documents of title to, and instruments of transfer relating to, securities. > quoted securities, in relation to a transaction, means securities that, at the time when the agreement for the transaction is made, are quoted on a stock market of a participating exchange or of an Exchange subsidiary. > relative, in relation to a person, means a parent or remoter lineal ancestor, son, daughter or remoter issue, or brother or sister, of the person. > relevant Act means the Australian Stock Exchange and National Guarantee Fund Act 1987. > relevant commencement means the commencement of section 15 of the relevant Act. > reportable transaction means a sale or purchase, by a member organisation (in this definition referred to as the first dealer) of a participating exchange, of quoted securities, where: (a) in any case—the participating exchange’s business rules, as in force when the agreement for the sale or purchase is made, require the first dealer to report the sale or purchase to the participating exchange; or (b) if the sale or purchase is to or from, as the case may be, a member organisation (in this definition referred to as the second dealer) of a participating exchange—the last‑ mentioned participating exchange’s business rules, as in force when the agreement for the sale or purchase is made, require the second dealer to report to the last‑mentioned participating exchange the purchase or sale of the securities by the second dealer from or to, as the case may be, the first dealer. > settlement documents, in relation to a transaction, means documents the supply of which in accordance with the agreement for the transaction: (a) if the agreement has not been discharged—is sufficient; or (b) if the agreement has been discharged, whether by performance or otherwise—would, if the agreement had not been discharged, be sufficient; to discharge the obligations of the seller under the agreement, in so far as those obligations relate to the supply of documents in connection with the transaction. > transaction means a sale or purchase of securities. (2) Except so far as the contrary intention appears, a reference in section 122CB, 122CD, 122DB or 122DC, subsection 122FC(1), paragraph 122FC(5)(c), subsection 122FC(6), section 122GA, subsection 122GB(3), (4) or (5), 122GB(1), (2), (6) or (7) or 122GD(1), paragraph 122PC(b) or 122T(1)(b), (3)(a) or (4)(a), section 122W, subsection 122X(4), section 122YD or subsection 122ZA(1), (1A), (2) or (4), 122ZD(2) or 122ZF(8) to a provision or provisions of a relevant Act includes a reference to a provision or provisions of a law of a participating State or participating Territory that corresponds or correspond with that provision, or those provisions, of that relevant Act. (3) For the purposes of this Part, a sale and purchase of securities shall be taken to consist of 2 distinct transactions, namely, the sale of the securities by the seller to the purchaser and the purchase of the securities by the purchaser from the seller. (4) Except so far as the contrary intention appears, a reference in this Part to a sale, or to a purchase, includes a reference to a sale or purchase the agreement for which is made outside the Territory, whether within Australia or not. (6) A reference in this Part to a business being carried on in the Territory includes a reference to the business being carried on both in the Territory and outside it, whether within Australia or not. (7) A person who, or a partner in a partnership that, contravenes a provision of this Part is guilty of an offence neither by virtue of that provision nor by virtue of section 141.