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CORPORATIONS REGULATIONS 2001 - REG 10.2.04 Amendment of SCH business rules before FSR commencement

CORPORATIONS REGULATIONS 2001 - REG 10.2.04

Amendment of SCH business rules before FSR commencement

  (1)   This regulation applies if:

  (a)   an amendment was made, by way of rescission, alteration or addition, to the SCH business rules before the FSR commencement; and

  (b)   written notice of the amendment was given in accordance with subsection   779C(1) of the old Corporations Act before the FSR commencement; and

  (c)   the period of 28 days in relation to the amendment, mentioned in subsection   779C(5) of the old Corporations Act, had not expired before the FSR commencement; and

  (d)   the Minister had not decided, before the FSR commencement, whether to disallow the whole or a specified part of the amendment under subsection   779C(5) of the old Corporations Act.

Note:   The period of 28 days in paragraph   (c) is the period in which the Minister may disallow the whole or a specified part of the amendment.

  (2)   On and after the FSR commencement, section   822E of the Act has effect in relation to the amendment as if the amendment were a change to the operating rules of a licensed CS facility mentioned in section   822D of the Act.

  (3)   For subregulation   (2):

  (a)   the securities clearing house is to be treated, under sections   822D and 822E of the Act, as a licensed CS facility that has lodged written notice of the change with ASIC; and

  (b)   ASIC is taken to have complied with its obligations to the Minister under section   822E of the Act; and

  (c)   the Minister is taken to have been given the notice of the change on the day on which written notice of the amendment was given in accordance with subsection   779C(1) of the old Corporations Act.

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