Commonwealth Numbered Acts

CORPORATIONS ACT 1989 No. 109 of 1989 - SECT 73

73. (1) Subject to subsection (2), a person is a futures representative of
another person if, and only if, the first-mentioned person is employed by, or
acts for or by arrangement with, the other person in connection with:

   (a)  if at least one of those persons is a corporation-a futures broking
        business or futures advice business; or

   (b)  in any other case, but without prejudice to the effect of this
        subsection by virtue of paragraph (a) -an eligible futures broking
        business or eligible futures advice business; carried on by the other
        person.

(2) Except for the purposes of paragraph 87 (1) (b):

   (a)  a person who holds a proper authority from a futures licensee is a
        futures representative of the licensee; and

   (b)  a person who holds an invalid futures authority from another person is
        a futures representative of the other person.
  (3)   Subject to subsection (4), a person does an act, or engages in
conduct, as a futures representative of another person if, and only if, the
first-mentioned person does the act, or engages in the conduct:

   (a)  in connection with:

        (i)    if at least one of those persons is a corporation-a futures
               broking business or futures advice business; or

        (ii)   in any other case, but without prejudice to the effect of this
               subsection by vitrue of subparagraph (i)-an eligible futures
               broking business or eligible futures advice business; carried
               on by the other person;

   (b)  while the first-mentioned person is a futures representative of the
        other person;

   (c)  as employee or agent of, or otherwise on behalf of, on account of, or
        for the benefit of, the other person; and

   (d)  otherwise than in the course of work of a kind ordinarily done by
        accountants, clerks or cashiers.

(4) Except for the purposes of Division 4 of Part 8.3, a person who holds
himself, herself or itself out to be a futures representative of another
person does an act as a futures representative of the other person.