Corporations Regulations 2001

For section 1444 of the Act, this regulation applies in relation to a person that is:

a regulated principal mentioned in item 1 of the table in section 1430 of the Act (including a person to whom Part 7.6 of the old Corporations Act applies); and

a participant of Australian Stock Exchange Limited.

In addition to section 866 of the old Corporations Act, the regulated principal must:

operate a special purpose interest‑bearing trust account; and

designate the account to be a Special Purpose Trust Account; and

ensure that the Special Purpose Trust Account is:

with an Australian ADI; or

of a kind mentioned in subregulation 7.8.01(2).

The regulated principal must withdraw from an account maintained for section 866 of the old Corporations Act an amount equal to two‑thirds of:

if the regulated principal maintains 2 or more accounts for that section—the lowest aggregate of the balances in the accounts during the 3 months ending on the quarter day last past; or

if the regulated principal maintains 1 account for that section—the lowest balance in the account during the 3 months ending on the quarter day last past.

Subject to subregulations (5) and (6), the regulated principal must:

deposit the amount mentioned in subregulation (3) into the regulated principal’s Special Purpose Trust Account; and

keep the amount on deposit.

A deposit need not be lodged or kept for subregulation (4) if, apart from this subregulation, the amount of the deposit would be less than $3 000.

If, because of subregulation (3), the amount of a deposit to be lodged and kept in the regulated principal’s Special Purpose Trust Account increases, the regulated principal must lodge the amount of the increase within 5 business days after the relevant quarter day that is the last day of the period by reference to which the amount required to be lodged is calculated.

An amount deposited in the Special Purpose Trust Account under subregulation (4) is also taken to be monies held in an account maintained by the regulated principal for section 866 of the old Corporations Act.

If money is held in an account under subregulation (4):

the interest on the account is the income of SEGC; and

the regulated principal must pay the interest to SEGC, less any amount paid in relation to account establishment fees, account keeping fees, government taxes or other duties.