Exhibit 99.2
Financial services and markets Chapter 7
Licensing of financial markets Part 7.2
Regulation of market licensees Dvision 3
Section 793A
Subdivision BThe markets operating rules and procedures
793A Content of the operating rules and procedures
(1) |
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The operating rules of a licensed market must deal with the matters prescribed by
regulations made for the purposes of this subsection. |
(2) |
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The regulations may also prescribe matters in respect of which a licensed market must have
written procedures. |
(3) |
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However, subsections (1) and (2) do not apply if the licensee is also authorised to operate
the market in the foreign country in which its principal place of business is located and the
licence was granted under subsection 795B(2) (overseas markets). |
(4) |
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In a subsection (3) case, ASIC may determine, by giving written notice to the licensee,
matters in respect of which the licensed market must have written procedures. |
793B Legal effect of operating rules
(1) |
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The operating rules (other than listing rules) of a licensed market have effect as a
contract under seal: |
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(a) |
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between the licensee and each participant in the market; and |
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(b) |
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between a participant and each other participant; under which each of those
persons agrees to observe the operating rules to the extent that they apply to the
person and to engage in conduct that the person is required by the operating rules to
engage in. |
(2) |
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However, if there is an inconsistency between the operating rules of a financial market and
the market integrity rules, the market integrity rules prevail to the extent of the
inconsistency. |
(3) |
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Subsection (2) does not apply in relation to a financial market the operator of which is
licensed under subsection 795B(2) (overseas markets). |
793C Enforcement of operating rules
(1) |
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If a person who is under an obligation to comply with or enforce any of a licensed
markets operating rules fails to meet that obligation, an application to the Court may be
made by: |
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(a) |
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ASIC; or |
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(b) |
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the licensee; or |
Corporations Act 2001
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(c) |
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the operator of a clearing and settlement facility with which the licensee has
clearing and settlement arrangements; or |
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(d) |
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a person aggrieved by the failure. |
(2) |
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After giving an opportunity to be heard to the applicant and the person against whom the
order is sought, the Court may make an order giving directions to: |
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(a) |
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the person against whom the order is sought; or |
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(b) |
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if that person is a body corporatethe directors of the body corporate; |
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about compliance with, or enforcement of, the operating rules. |
(3) |
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For the purposes of this section, a body corporate that is, with its acquiescence, included
in the official list of a licensed market, or an associate of such a body corporate, is taken
to be under an obligation to comply with the operating rules of that market to the extent to
which those rules purport to apply to the body corporate or associate. |
(4) |
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For the purposes of this section, if a disclosing entity that is an undertaking to which
interests in a registered scheme relate is, with the responsible entitys acquiescence,
included in the official list of a licensed market, the responsible entity, or an associate of
the responsible entity, is taken to be under an obligation to comply with the operating rules
of that market to the extent to which those rules purport to apply to the responsible entity
or associate. |
(5) |
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For the purposes of this section, if a body corporate fails to comply with or enforce
provisions of the operating rules of a licensed market, a person who holds financial products
of the body corporate that are able to be traded on the market is taken to be a person
aggrieved by the failure. |
(6) |
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There may be other circumstances in which a person may be aggrieved by a failure for the
purposes of this section. |
793D Changing the operating rules
Licensed markets other than subsection 795B(2) markets
(1) |
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As soon as practicable after a change is made to the operating rules of a licensed market,
other than a market licensed under subsection 795B(2) (overseas markets), the licensee must
lodge with ASIC written notice of the change. The notice must: |
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(a) |
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set out the text of the change; and |
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(b) |
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specify the date on which the change was made; and |
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(c) |
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contain an explanation of the purpose of the change. |
(2) |
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If no notice is lodged as required by subsection (1) with ASIC within 21 days after the
change is made, the change ceases to have effect at the end of that period. |
Subsection 795B(2) markets
(3) |
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As soon as practicable after a change is made to the operating rules of a market the
operation of which is licensed under subsection 795B(2) (overseas markets), the licensee must
lodge with ASIC written notice of the change. The notice must: |
Corporations Act 2001