Commonwealth Consolidated Acts

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CORPORATIONS ACT 2001 - SECT 791A

Need for a licence

  (1)   A person must only operate, or hold out that the person operates, a financial market in this jurisdiction if:

  (a)   the person has an Australian market licence that authorises the person to operate the market in this jurisdiction; or

  (b)   the market is exempt from the operation of this Part.

Note 1:   A market licensee may also provide financial services incidental to the operation of the market: see paragraph   911A(2)(d).

Note 2:   Failure to comply with this subsection is an offence (see subsection   1311(1)).

  (2)   For the purposes of an offence based on subsection   (1), strict liability applies to paragraph   (1)(b).

Note:   For strict liability , see section   6.1 of the Criminal Code .

  (3)   A person contravenes this subsection if the person contravenes subsection   (1).

Note:   This subsection is a civil penalty provision (see section   1317E).


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