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COMMONWEALTH INSCRIBED STOCK ACT 1911 - SECT 3 Interpretation

COMMONWEALTH INSCRIBED STOCK ACT 1911 - SECT 3

Interpretation

  (1)   In this Act, unless the contrary intention appears:

"certified copy" of an entry in a Stock Ledger, of an extract of an entry in a Stock Ledger or of a document means a copy of the entry, extract or document that is certified by a prescribed person to be a true copy.

"clearing and settlement facility" means a facility that is a clearing and settlement facility for the purposes of the Corporations Act 2001 .

"depository interest" means a beneficial interest in stock issued by a depository nominee (as a depository nominee).

"depository interest registry operator" means a person who has been engaged by a depository nominee to make payments:

  (a)   on behalf of the depository nominee; and

  (b)   to holders of depository interests issued by the depository nominee; and

  (c)   on account of those interests.

"depository nominee" means a person who, with the agreement of the Commonwealth, issues to someone else one or more beneficial interests in stock the person:

  (a)   owns legally; or

  (b)   would own beneficially, apart from the issue of those interests; or

  (c)   has a beneficial interest in.

"Registrar" means a Registrar of Stock or a Deputy Registrar of Stock.

"Registry" means a Registry for the inscription of stock.

"stock" means:

  (a)   stock, Treasury Bonds, Treasury Notes or other prescribed securities created under subsection   4(1); and

  (b)   stock (however described) created under subsection   4(1) as in force at any time before the commencement of Schedule   1 to the Commonwealth Inscribed Stock Amendment Act 2002 ; and

  (c)   Treasury Bonds, debentures or other prescribed securities made out under subsection   51A(1) at any time before the commencement of subsection   51A(3).

"Treasury Bond" includes a Treasury Fixed Coupon Bond, a Treasury Indexed Bond and an Australian Consolidated Treasury Bond and any coupon issued in connection with a Treasury Bond.

  (2)   For the purposes of the application of this Act at a time before the commencement of Schedule   1 to the Financial Services Reform Act 2001 :

  (a)   a reference in this Act to the operator of a clearing and settlement facility is taken to be a reference to:

  (i)   a clearing house as defined by section   9 of the Corporations Act 2001 ; or

  (ii)   the body corporate in relation to which an approval as a clearing house is in force under section   779B of that Act; and

  (b)   a reference in this Act to the operating rules of a clearing and settlement facility is taken to be a reference to the business rules of a clearing house referred to in paragraph   (a).