Western Australian Repealed Acts Western Australian Repealed ActsThis legislation has been repealed.
TABLE OF PROVISIONS
Long Title
PART I -- Preliminary
1. Short title
3. Repeal
4. Interpretation
5. Interests in securities
6. Associated persons
PART II -- Administration
Division 1 -- General
7. Performance of Commissioner’s functions, etc., by authorized person
8. Inspections of books, etc. of licences and others
9. Disclosure to Commissioner
10. Production and inspection of books where offence suspected
11. Investigation of certain matters
12. Power of Court to make certain orders
13. Secrecy
14. Restriction on dealings by officers
15. Employees, etc., to report certain facts to Commissioner
Division 2 -- Investigations
16. Interpretation
17. Appointment of inspectors
18. Powers of inspectors
19. Notes of examination
20. Delegation of powers, etc., by inspector
21. Report of inspector
22. Minister’s powers in respect of books
23. Privileged communications
24. Expenses of investigation
25. Concealing, etc., of books relating to securities
26. Power of Minister to make certain orders
PART III -- Stock exchanges
27. Establishment, etc., of stock markets
28. Power of Minister to approve stock exchange
29. Minister to be notified of amendments to rules
30. Stock exchanges to provide assistance to Commissioner
31. Court may order observance or enforcement of business rules or listing rules of stock exchange
PART IV -- Licences
32. Dealers licence
33. Dealer’s representatives
34. Investment advisers
35. Investment representatives
36. Application for grant of licence
37. Grant of dealers licence or investment advisers licence
38. Grant of representatives licence
39. Change of principals of representative
40. Conditions to which licence is subject
41. Register of Licence Holders
42. Notification of change in particulars
43. Annual fee
44. Annual statement to be lodged with Commissioner
45. Commissioner may extend time for paying fee or lodging statement
46. Revocation and suspension of licences
47. Revocation and suspension of licences
48. Holder of licence to be deemed not to be holder while licence suspended
49. Opportunity for hearing
PART V -- Conduct of securities business
50. Certain representations prohibited
51. Issue of contract notes
52. Certain persons to disclose certain interests in securities
53. Dealing as principal
54. Short selling
PART VI -- Accounts and audit
55. Interpretation
56. Application of Part
57. Accounts to be kept by dealers
58. Security documents in custody of dealer
59. Dealers’ trust accounts
60. Purposes for which money may be withdrawn from a trust account
61. Appointment of auditor by dealer
62. Removal and resignation of auditors
63. Fees and expenses of auditors
64. Dealers’ accounts
65. Auditor to report to Commissioner in certain cases
66. Certain matters to be reported to the Commissioner
67. Defamation
68. Right of stock exchange to impose obligations, etc., on members not affected by this Part
69. Power of Court to restrain dealings with dealer’s bank accounts
70. Duty of bank manager to make full disclosure
71. Power of Court to make further orders and give directions
72. Power of Court to make order relating to payment of moneys
PART VII -- Registers of interests in securities
73. Interpretation
74. Application of Part
75. Register to be maintained
76. Place where Register kept
77. Defences
78. Power of Commissioner to require production of Register
79. Power of Commissioner to require certain information to be supplied to him
80. Power of Commissioner to supply copy of Register
PART VIII -- Deposits with stock exchanges
81. Deposits to be lodged by sole traders and member firms
82. Deposits to be proportion of certain balances
83. Deposits to be invested by stock exchange
84. Accounts of deposits
85. Claims, etc., not affected by this Part
PART IX -- Fidelity funds
86. Establishment of fidelity funds
87. Moneys constituting fidelity fund
88. Fund to be kept in separate bank account
89. Payments out of fund
90. Accounts of fund
91. Management sub-committee
92. Contributions to fund
93. Provisions where fund exceeds $2 000
94. Levy in addition to annual contribution
95. Power of stock exchange to make advances to fund
96. Investment of fund
97. Application of fund
98. Claims against the fund
99. Rights of innocent partner in relation to fund
100. Notice calling for claims against fund
101. Power of committee to settle claims
102. Form of order of Court establishment claim
103. Power of committee to require production of securities, etc.
104. Subrogation of stock exchange to rights, etc., of claimant on payment from fund
105. Payment of claims only from fund
106. Provision where fund insufficient to meet claims or where claims exceed total amount payable
107. Power of stock exchange to enter into contracts of insurance or indemnity
108. Application of insurance moneys
PART X -- Trading in securities
109. False trading and markets and market rigging transactions
110. False or misleading statements, etc.
111. Fraudulently inducing person to deal in securities
112. Prohibition of dealings in securities by insiders
113. Penalties
114. Compensation for loss, etc.
115. Dealer to give priority to clients’ orders
116. Dealings by employees of holders of licences
PART XI -- Miscellaneous
117. Restrictions on use of titles “stock-broker” and “share-broker”
118. Appeal
119. False or misleading statements
120. Preservation and disposal of records, etc.
121. Concealing, etc., of books relating to securities
122. Falsification of records
123. Obligation to guard against falsification of records
124. Miscellaneous offences
125. General penalty
126. Offences by bodies corporate
127. Proceedings by whom and when to be taken
128. Summary offences and indictable offences
129. Certain persons to assist in prosecutions
130. Reciprocity in relation to offences
131. Default penalty
132. Regulations
PART XII -- Transitional provisions
133. Transitional provision. Stock brokers
134. Transitional provision. Licences under the Securities Industry Act 1970
135. Transitional provision
Compilation table