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CORPORATIONS ACT 2001 No. 50, 2001 - SECT 950

Claim by buying dealer in respect of default by selling dealer

(1) Where, as at the end of the completion period in relation to a reportable transaction that is a purchase by a dealer from another dealer:

(a)
the first-mentioned dealer has supplied, or is ready, willing and able to supply, to the other dealer, under the agreement for the purchase, the consideration for the purchase; and

(b)
the other dealer:

(i)
if a transfer of the securities concerned pursuant to the purchase would be an SCH-regulated transfer—has not done all things that that dealer is required to do under the SCH business rules to effect a transfer of the securities pursuant to the purchase; or
(ii)
in any other case—has not supplied to the first-mentioned dealer, under that agreement, settlement documents in relation to the purchase;
the first-mentioned dealer may make a claim in respect of the purchase.

(1A) A dealer may make a single claim under this section in respect of 2 or more purchases. (1B) A claim made under subsection (1A) is to be treated for the purposes of subsection (2) as if it consisted of a separate claim in respect of each of the purchases to which it relates. (2) Where a dealer makes a claim in respect of a purchase of securities by the claimant from another dealer and the Board is satisfied that:

(a)
subsection (1) entitles the claimant to make the claim; and

(b)
the claimant has:

(i)
for the purposes of the claim, paid to SEGC; or
(ii)
under the agreement for the purchase, paid to the other dealer;
the amount of the consideration for the purchase; and

(ba)
if a transfer of the securities pursuant to the purchase would be an SCH-regulated transfer—the other dealer has not done all things that that dealer is required to do under the SCH business rules to effect a transfer of the securities pursuant to the purchase; and

(c)
if paragraph (ba) does not apply—settlement documents in relation to the purchase have not been supplied to the claimant under the agreement for the purchase; and

(d)
the agreement has not been discharged or otherwise terminated;

SEGC must allow the claim.

(3) If:

(a)
SEGC allows under subsection (2) a claim in respect of a purchase of securities; and

(b)
a transfer of the securities pursuant to the purchase would be an SCH-regulated transfer;

SEGC must, subject to section 952A, transfer to the claimant securities of the same kind and number as the first-mentioned securities.

(4) If:

(a)
SEGC allows under subsection (2) a claim in respect of a purchase of securities; and

(b)
subsection (3) does not apply;

SEGC must, subject to section 953, supply to the claimant settlement documents in relation to the purchase.



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