Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Subject to this section, securities means:
(a) debentures, stocks or bonds issued or proposed to be issued by a government; or
(b) shares in, or debentures of, a body; or
(c) interests in a managed investment scheme; or
but does not include:
(f) a derivative (as defined in section 761D), other than an option to acquire by way of transfer a security covered by paragraph (a), (b), (c) or (d); or
(g) an excluded security.
Note: A derivative does not include an option to acquire a security by way of issue (see the combined effect of paragraph 761D(3)(c), paragraph 764A(1)(a) and paragraph (5)(d) of this section).
(2) The expression securities , when used in relation to a body, means:
(b) debentures of the body; or
(c) interests in a managed investment scheme made available by the body; or
but does not include:
(e) a derivative (as defined in section 761D), other than an option to acquire by way of transfer a security covered by paragraph (a), (b), (c) or (d); or
(f) an excluded security.
Note: A derivative does not include an option to acquire a security by way of issue (see the note to subsection (1)).
(2A) In Part 1.2A, securities means:
(b) debentures of a body; or
(c) interests in a registered scheme or a notified foreign passport fund; or
(d) legal or equitable rights or interests in:
(i) shares; or
(ii) debentures; or
(iii) interests in a registered scheme or a notified foreign passport fund; or
(e) options to acquire (whether by way of issue or transfer) a security covered by paragraph (a), (b), (c) or (d).
It does not cover:
(f) a derivative (as defined in section 761D), other than an option to acquire by way of transfer a security covered by paragraph (a), (b), (c) or (d); or
(g) a market traded option.
Note 1: A derivative does not include an option to acquire a security by way of issue (see the note to subsection (1)).
Note 2: Section 9 defines body .
(3) In Chapters 6 to 6CA (inclusive) and Part 8B.7:
"securities" means:
(b) debentures of a body; or
(c) interests in a registered scheme; or
(d) when used in Chapter 6C--an interest in a listed notified foreign passport fund; or
(e) legal or equitable rights or interests in:
(i) shares; or
(ii) debentures; or
(iii) interests in a registered scheme or interests in a fund mentioned in paragraph (d); or
(f) options to acquire (whether by way of issue or transfer) a security covered by paragraph (a), (b), (c), (d) or (e).
It does not cover:
(g) a derivative (as defined in section 761D), other than an option to acquire by way of transfer a security covered by paragraph (a), (b), (c), (d) or (e); or
(h) a market traded option; or
(i) when used outside Chapter 6C--an interest in a notified foreign passport fund.
Note 1: A derivative does not include an option to acquire a security by way of issue (see the note to subsection (1)).
Note 2: Section 9 defines body .
(4) In Chapter 6D, securities has the meaning given by section 700.
Note: However, in Chapter 6D, securities does not include securities in a CCIV: see section 1240G.
(5) In Chapter 7 (except Part 7.11), security means:
(a) a share in a body; or
(c) a legal or equitable right or interest in a security covered by paragraph (a) or (b); or
(d) an option to acquire, by way of issue, a security covered by paragraph (a), (b) or (c); or
(e) a right (whether existing or future and whether contingent or not) to acquire, by way of issue, the following under a rights issue:
(i) a security covered by paragraph (a), (b), (c) or (d);
(ii) a managed investment product;
(iii) a foreign passport fund product;
(iv) an interest or right covered by paragraph 764A(ba); or
(f) a CGS depository interest; or
(g) a simple corporate bonds depository interest;
but does not include an excluded security or a foreign passport fund product.
(6) In Part 7.11, security means:
(a) a security as defined in subsection (5); or
(b) a managed investment product; or
(c) a foreign passport fund product.
(7) In Chapter 8, securities means:
(a) a share in a body; or
(c) an interest in a managed investment scheme; or
(d) a legal or equitable right or interest in a security or interest covered by paragraph (a), (b) or (c); or
(e) an option to acquire, by way of issue, an interest or right covered by paragraph (a), (b), (c) or (d).