New South Wales Consolidated Regulations

CO-OPERATIVES REGULATION 2005 - REG 22

22 Securities listing provisions to apply to co-operatives

(1) For the purposes of section 9 (2) (a) of the Act, the provisions of the Corporations Act that relate to the listing of securities of a co-operative for quotation on a financial market are not to be excluded from the operation of the Corporations Act in relation to a co-operative.

(2) For the purposes of section 9 (2) (a) of the Act, the provisions of the Corporations Act that relate to the matters for which the following provisions of that Act make provision are not to be excluded from the operation of the Corporations Act in relation to a co-operative in respect of securities that are listed for quotation on a financial market:

(a) Part 1.2 (Interpretation), but only in relation to the interpretation of the other provisions of the Corporations Act applying under their own force to co-operatives,

(b) Part 1.2A (Disclosing entities),

(c) Section 1020C (ASIC’s power to prohibit short selling in certain cases),

(d) Sections 792B-792E (Market licensee’s obligations to provide information and assistance to ASIC),

(e) Section 793C (Enforcement of operating rules),

(f) Part 7.3 (Licensing of clearing and settlement facilities),

(g) Part 7.5 (Compensation regimes for financial markets),

(h) Part 7.10 (Market misconduct and other prohibited conduct relating to financial products and financial services),

(i) Divisions 3 (Transfer of certain securities effected otherwise than through a prescribed CS facility), 4 (Transfer of financial products effected through prescribed CS facility) and 5 (Exemptions and modifications) of Part 7.11 (Title and transfer),

(j) Part 7.12 (Miscellaneous), but only to the extent to which that Part relates to the other provisions of the Corporations Act applying under their own force to co-operatives,

(k) Chapters 2L (Debentures) and 6D (Fundraising), but only in relation to securities of the same class, and issued or offered on the same terms, as those already listed by the co-operative on a financial market,

(l) Part 9.4 (Offences), but only to the extent to which that Part relates to the other provisions of the Corporations Act applying under their own force to co-operatives.

(3) To remove doubt, this clause extends to all the securities of a co-operative, including CCUs.

(4) In this clause, "financial market" has the same meaning as in the Corporations Act.