Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this Act:
" section 1020B products" means:
(a) securities; or
(b) managed investment products; or
(ba) foreign passport fund products; or
(c) financial products referred to in paragraph 764A(1)(j); or
(d) financial products of any other kind prescribed by regulations made for the purposes of this definition.
(2) Subject to this section and the regulations, a person must only, in this jurisdiction, sell section 1020B products to a buyer if, at the time of the sale:
(a) the person has or, if the person is selling on behalf of another person, that other person has; or
(b) the person believes on reasonable grounds that the person has, or if the person is selling on behalf of another person, that other person has;
a presently exercisable and unconditional right to vest the products in the buyer.
Note: Failure to comply with this subsection is an offence (see subsection 1311(1)).
(3) For the purposes of subsection (2):
(a) a person who, at a particular time, has a presently exercisable and unconditional right to have section 1020B products vested in the person, or in accordance with the directions of the person, has at that time a presently exercisable and unconditional right to vest the products in another person; and
(b) a right of a person to vest section 1020B products in another person is not conditional merely because the products are subject to a security interest in favour of another person to secure the repayment of money.
(4) Subsection (2) does not apply in relation to a sale of section 1020B products by a person who, before the time of sale, has entered into a contract to buy those products and who has a right to have those products vested in the person that is conditional only upon all or any of the following:
(a) payment of the consideration in respect of the purchase;
(b) the receipt by the person of a proper instrument of transfer in respect of the products;
(c) the receipt by the person of the documents that are, or are documents of title to, the products.
(7) For the purposes of this section, a person who:
(a) purports to sell section 1020B products; or
(b) offers to sell section 1020B products; or
(c) holds himself, herself or itself out as entitled to sell section 1020B products; or
(d) instructs a financial services licensee to sell section 1020B products;
is taken to sell the products.