CORPORATIONS REGULATIONS 2001 - REG 7.5.30 Making of claims
CORPORATIONS REGULATIONS 2001 - REG 7.5.30
Making of claims(2) Subregulations 7.5.24(1), 7.5.25(1), 7.5.26(1) and 7.5.27(1) do not entitle a person ( person 1 ) to make a claim in respect of:
(a) a sale of securities by another person on behalf of person 1; or
(b) a purchase of securities by another person on behalf of person 1;
as the case may be, unless, on the day on which the agreement for the sale or purchase was entered into, the other person was a participant and carried on a securities business in Australia.
(3) A claim must be in writing and must be served on the SEGC within 6 months after the day on which the claimant became entitled to make the claim.
(4) A claim that is not made within the period prescribed by subregulation (3) is barred unless the SEGC otherwise determines.
(5) The SEGC may publish, in accordance with subregulation (5A), a notice that:
(b) names a particular dealer; and
(c) requires that all claims under this Subdivision, by the named dealer, during a period (the applicable period ) specified in the notice in accordance with subregulation (6) must be served on the SEGC before the day (the last application day ) specified in the notice in accordance with subregulation (7).
(5A) The notice is published in accordance with this subregulation if it is published in a manner that results in the notice being accessible to the public and reasonably prominent.
(6) The applicable period must be a period that starts and ends before the day on which the notice is first published.
(7) The last application day must be at least 3 months after the day on which the notice is first published.
(8) The SEGC, a member of the Board and any employee of, or
person acting on behalf of, the SEGC each has qualified privilege in respect
of the publication of a notice under subregulation (5).