Commonwealth Repealed Acts

This legislation has been repealed.

CORPORATIONS LAW- SECT 1164

(1)

Subject to this section, the client may, whether before or after completion of the agreement, give to the non-licensee a written notice stating that the client wishes to rescind the agreement.

(2)

The client may only give a notice under this section within a reasonable period after becoming aware of the facts entitling the client to give the notice.

(3)

The client is not entitled to give a notice under this section if the client engages in conduct by engaging in which the client would, if the entitlement so to give a notice were a right to rescind the agreement for misrepresentation by the non-licensee, be taken to have affirmed the agreement.

(4)

The client is not entitled to give a notice under this section if, within a reasonable period before the agreement was entered into, the non-licensee informed the client (whether or not in writing) that:

(a)

the non-licensee did not hold a futures brokers licence; or

(b)

the non-licensee did not hold a futures brokers licence and did not hold a futures advisers licence;

as the case requires.

(5)

If, at a time when a futures brokers licence or futures advisers licence held by the non-licensee was suspended, the non-licensee informed the client that the licence was suspended, the non-licensee is to be taken for the purposes of subsection (4) to have informed the client at that time that the non-licensee did not hold a futures brokers licence or futures advisers licence, as the case may be.

(6)

None of subsections (2), (3) and (4) limits the generality of either of the others.

(7)

Subject to this section, the client may give a notice under this section whether or not:

(a)

the notice will result under section 1165 in rescission of the agreement; or

(b)

the Court will, if the notice so results, be empowered to make a particular order, or any order at all, under section 1166.