Commonwealth Numbered Acts

CORPORATIONS ACT 1989 No. 109 of 1989 - SECT 1097

1097. (1) In this Division, unless the contrary intention appears:

"associate", in relation to a broker, means:

   (a)  if the broker is a member of a firm of brokers and is not a broker's
        agent-any other member of the firm; or

   (b)  if the broker is another broker's agent or employee-the other broker
        or, if the other broker is a member of a firm of brokers, any member
        of that firm;

"beneficial owner", in relation to a marketable security or a marketable
right, means a person for whom an authorised trustee corporation holds
(whether alone or together with any other person or persons) the security or
right in trust in the ordinary course of its business;

"broker" means a member of a securities exchange;

"broker's agent" means a broker's agent or employee;

"duly completed", in relation to a document, has a meaning affected by
section 1098;

"duly completed Part 1" means a document that has been duly completed in
accordance with Part 1 of Form 1, 2, 3, 5, 6 or 7;

"eligible body" means:

   (a)  a company;

   (b)  a corporation (other than a company) that is incorporated in Australia
        or in an excluded Territory and is prescribed for the purposes of this
        paragraph; or

   (c)  an unincorporated society, association or other body, that:

        (i)    is formed or established in the Capital Territory or an
               excluded Territory;

        (ii)   is included in the official list of a securities exchange; and

        (iii)  is prescribed for the purposes of this paragraph;

"execution time", in relation to a document, means the time:

   (a)  in the case of a sufficient transfer under section 1101-when the
        document was stamped with a stamp purporting to be that of the
        transferee's broker; or

   (b)  in the case of a sufficient transfer under section 1102-when the
        document was executed by the transferor;

"in accordance with" includes to the effect of;

"issuing body", in relation to a marketable security or a marketable right,
means the eligible body that issued, or proposes to issue, the security or
right;

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

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

"marketable security" means:

   (a)  a share in, or a debenture of, an eligible body; or

   (b)  a prescribed security;

"prescribed security" means a prescribed interest that is prescribed for the
purposes of this definition;

"securities exchange" means a prescribed body corporate;

"stamp" has the meaning given by section 1099;

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

(2) A reference in this Division to a form by number is a reference to the
form so numbered in Schedule 2 or to a form to the like effect.

(3) A reference in a form in Schedule 2 to the full name of the transferor of
marketable securities or marketable rights includes a reference to the name of
the person shown in the records of the issuing body in relation to those
securities or rights as the holder of those securities or rights.