Victorian Consolidated Legislation

Marketable Securities Act 1970 - SECT 3

Definitions

3. Definitions



(1) In this Act unless inconsistent with the context or subject-matter-

authorized trustee corporation means a body corporate that is under the
regulations an authorized trustee corporation;

beneficial owner in relation to a marketable security or a right to a
marketable security means a person for whom an authorized trustee corporation
is holding the security or right in trust in the ordinary course of its
business;

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corresponding law means a law in respect of which a declaration under
subsection (2) is in force and includes regulations in force under that law;

legal representative means the executor, original or by representation of a
will, or administrator of the estate of a deceased person;

marketable security means-

   (a)  a share in or a debenture of a company or prescribed corporation; or

   (b)  a prescribed security;





prescribed corporation means-

   (a)  a body corporate incorporated in the State not being a company; or

   (b)  an unincorporated society association or other body formed or
        established in the State any shares in or debentures of which are
        quoted on or in respect of which permission to list has been granted
        by a prescribed stock exchange- that is under the regulations a
        prescribed corporation;

prescribed security means an interest to which Division 5 of Part IV of the
Companies Act 1961 applies that is under the regulations a prescribed security
or that is one of a class of such interests that are under the regulations
prescribed securities;

prescribed stock exchange means a stock exchange in the State that is under
the regulations a prescribed stock exchange;

right to a marketable security means a right whether existing or future, and
whether contingent or not, of a person to have issued to him a marketable
security whether or not on payment of any money or for any other
consideration;

transfer in relation to a right to a marketable security means the
renunciation and transfer of that right.

(2) The Minister may by notice in writing published in the Government Gazette
declare a law in force in another State or in a Territory of the Commonwealth
the provisions of which correspond substantially with the provisions of this
Act to be a corresponding law and may by notice so published revoke a
declaration made under this subsection.

(3) Subject to subsection (1) and unless the contrary intention appears, words
and expressions used in this Act that are defined by section 5 of the
Companies Act 1961 have the same respective meanings as they have in that Act.

(4) A reference in this Act to a form by number is a reference to the form so
numbered in the Schedule or to a form to the like effect.

(5) A reference in a Form in the Schedule to the full name of the transferor
of marketable securities or rights to marketable securities includes a
reference to the name of the person shown in the records of the company or
prescribed corporation that issued those securities or rights as the holder of
those securities or rights.