CORPORATIONS REGULATIONS 2001 - REG 10.2.35 Definitions

CORPORATIONS REGULATIONS 2001 - REG 10.2.35

    In this Division:

"amended Corporations Act" means the Act as in force after the FSR commencement.

"associate" , in relation to a principal, means:

  (a)   if the principal is a body corporate:

  (i)   a director or secretary of the principal; and

  (ii)   a related body corporate; and

  (iii)   a responsible officer of the principal; and

  (b)   if the principal is a natural person:

  (i)   a person with whom the principal carries on a financial services business in partnership; and

  (ii)   a director or proposed director of a body corporate:

  (A)   of which the principal is also a director or proposed director; and

  (B)   that carries on a financial services business; and

  (c)   if the principal is a trustee of a trust to which subsection   761FA(1) of the amended Corporations Act applies--another trustee of that trust with whom the principal carries on a financial services business.

"financial services activities" means:

  (a)   any conduct or activities that constitute:

  (i)   carrying on a financial services business; or

  (ii)   operating a financial market; or

  (iii)   operating a clearing and settlement facility; and

  (b)   any conduct or activities:

  (i)   that were engaged in before the FSR commencement; and

  (ii)   to which paragraph   (a) would apply if they were engaged in after the FSR commencement; and

  (c)   any conduct or activities:

  (i)   that were engaged in:

  (A)   after the FSR commencement; and

  (B)   before the relevant provisions of the amended Corporations Act applied to the conduct or any of the activities; and

  (ii)   to which paragraph   (a) would apply if they were engaged in after the relevant provisions of the amended Corporations Act applied to the conduct or activities.

"regulator" means any of the following bodies:

  (a)   ASIC;

  (b)   a body that had any of the functions of ASIC before ASIC was created;

  (c)   APRA;

  (d)   a body that had any of the functions of APRA before APRA was created;

  (e)   the Australian Competition and Consumer Commission;

  (f)   a body that had any of the functions of the Australian Competition and Consumer Commission before the Australian Competition and Consumer Commission was created.