Commonwealth Consolidated Regulations

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CORPORATIONS REGULATIONS 2001 - REG 10.2.27

Status of future claim against the National Guarantee Fund

         (1)   This regulation applies if:

                (a)    a matter related to conduct that occurred before the FSR commencement; and

               (b)    a person could, if Part 7.10 of the old Corporations Act had not been repealed, have made a claim in relation to the matter under any of the following Divisions of the old Corporations Act on or after the FSR commencement:

                          (i)    Division 6 of Part 7.10 (dealing with contract guarantees);

                         (ii)    Division 6A of Part 7.10 (dealing with securities loans guarantees);

                        (iii)    Division 6B of Part 7.10 (dealing with net obligations);

                        (iv)    Division 6C of Part 7.10 (dealing with transfer service delivery guarantees);

                         (v)    Division 7 of Part 7.10 (dealing with unauthorised transfer);

                        (vi)    Division 7A of Part 7.10 (dealing with contraventions of SCH certificate cancellation provisions);

                       (vii)    Division 8 of Part 7.10 (dealing with insolvent members).

         (2)   On and after the FSR commencement:

                (a)    Division 1, and Divisions 6 to 9, of Part 7.10 of the old Corporations Act continue to have effect in relation to the matter and the person; and

               (b)    regulations made for Part 7.10 of the old Corporations Act continue to have effect in relation to the matter and the person; and

                (c)    Part 7.5 of the Act has effect in relation to a matter to which paragraphs (a) and (b) do not apply.

         (3)   However, the person cannot make a claim under section 949 or 950, or Division 6A, 6B or 6C of Part 7.10, of the old Corporations Act after 30 September 2005.



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