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CORPORATIONS ACT 1989 No. 109 of 1989 - SECT 941
Levy by participating exchange on members or member organisations
941. (1) A participating exchange by which a levy is payable under section
940 may determine that members, or member organisations, of the participating
exchange who or that carry on businesses of dealing in securities shall pay a
levy for payment towards the first-mentioned levy.
(2) A levy payable under a determination by a participating exchange under
subsection (1) is payable by a member, or member organisation, as the case
requires, of the participating exchange who or that, when the determination is
made:
(a) carries on a business of dealing in securities; and
(b) is included in a class, or in any of 2 or more classes, of members, or
of member organisations, of the participating exchange determined in
writing by the participating exchange for the purposes of the levy.
(3) The amount of a levy payable under a determination by a participating
exchange under subsection (1) shall be paid to the Secretary to the Department
on behalf of the Commonwealth within the period, and in the manner, specified
in writing by the participating exchange either generally or in relation to
particular members, particular classes of members, particular member
organisations, or particular classes of member organisations, of the
participating exchange.
(4) Where an amount of a levy payable under this section is paid into the
Consolidated Revenue Fund:
(a) the Secretary to the Department shall apply the amount in or towards
payment of the levy referred to in section 940; and
(b) if the total of the amounts so applied exceeds the amount of the levy
referred to in paragraph (a); an amount equal to the excess is payable
to SEGC out of the Consolidated Revenue Fund, which is appropriated
accordingly.
(5) An amount paid to SEGC under subsection (4) shall be paid into the Fund.
(6) This section has effect subject to section 942.
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