Commonwealth Numbered Acts

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CORPORATIONS ACT 1989 No. 109 of 1989 - SECT 1143

Futures advisers
1143. (1) A corporation shall not:

   (a)  carry on a futures advice business; or

   (b)  hold itself out to be a futures adviser; unless the corporation:

   (c)  is an eligible corporation and holds a futures licence; or

   (d)  is an exempt futures adviser.

(2) A person shall not, in the course of a futures advice business carried on
by the person:

   (a)  advise a corporation about futures contracts;

   (b)  give a corporation a futures report;

   (c)  do in eligible circumstances any of the following:

        (i)    advise a person about futures contracts;

        (ii)   give a person a futures report; or

   (d)  advise a person, or give a person an analysis or report, about dealing
        in futures contracts in eligible circumstances; unless the person:

   (e)  is an eligible corporation and holds a futures licence; or

   (f)  is an exempt futures adviser.

(3) A person shall not hold himself, herself or itself out to be a futures
adviser who or that:

   (a)  advises corporations, or persons including corporations, about futures
        contracts;

   (b)  gives futures reports to corporations, or to persons including
        corporations; or

   (c)  does in eligible circumstances, or circumstances including eligible
        circumstances, any of the following:

        (i)    advises persons about futures contracts;

        (ii)   gives futures reports to persons; unless the person:

   (d)  is an eligible corporation and holds a futures licence; or

   (e)  is an exempt futures adviser.

(4) A person shall not:

   (a)  in the course of a futures advice business carried on by the person;
        or

   (b)  in connection with holding himself, herself or itself out to be a
        futures adviser; use an eligible communications service unless the
        person:

   (c)  is an eligible corporation and holds a futures licence; or

   (d)  is an exempt futures adviser. 


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