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CORPORATIONS ACT 1989 No. 109 of 1989 - SECT 781
Investment advisers
781. (1) A corporation shall not:
(a) carry on an investment advice business; or
(b) hold itself out to be an investment adviser; unless the corporation is
a licensee or an exempt investment adviser.
(2) A person shall not, in the course of an investment advice business carried
on by the person:
(a) advise a person about eligible securities;
(b) give a person a securities report about eligible securities;
(c) advise a corporation about securities;
(d) give a corporation a securities report;
(e) do in eligible circumstances any of the for employee of a securities
exchange, has qualified privilege in respect of a statement made by a
person, orally or in writing, in the course of, or otherwise for the
purposes of or in connection with, a disciplinary proceeding of the
securities exchange.
(3) Where:
(a) an Exchange subsidiary is acting on behalf of the Exchange; or
(b) an officer or employee of an Exchange subsidiary is acting on behalf
of the Exchange or of a member, officer or employee of the Exchange;
in connection with a disciplinary proceeding of the Exchange, the
Exchange subsidiary and an officer or employee of the Exchange
subsidiary have qualified privilege in respect of a statement made by
a person, orallyollowing:
(i) advise a person about securities;
(ii) give a person a securities report; or
(f) advise a person, or give a person an analysis or report, about dealing
in securities in eligible circumstances; unless the person is a
licensee or an exempt investment adviser.
(3) A person shall not hold himself, herself or itself out to be an investment
adviser who or that:
(a) advises persons about eligible securities, or securities including
eligible securities;
(b) gives to persons securities reports about eligible securities, or
securities including eligible securities;
(c) advises corporations, or persons including corporations, about
securities;
(d) gives securities reports to corporations, or to persons including
corporations; or
(e) does in eligible circumstances, or circumstances including eligible
circumstances, any of the following:
(i) advise persons about securities;
(ii) give securities reports to persons; unless the person is a
licensee or an exempt investment adviser.
(4) A person shall not:
(a) in the course of an investment advice business carried on by the
person; or
(b) in connection with holding himself, herself or itself out to be an
investment adviser; use an eligible communications service unless the
person is a licensee or an exempt investment adviser.
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