Securities Act (Authorised Futures Contracts) Exemption Notice 2002

  • revoked
  • Securities Act (Authorised Futures Contracts) Exemption Notice 2002: revoked, on 1 December 2015, by clause 3(a) of the Securities Act (Revocation of Certain Futures Contracts Exemptions) Notice 2015 (LI 2015/234).

Reprint as at 1 December 2015

Coat of Arms of New Zealand

Securities Act (Authorised Futures Contracts) Exemption Notice 2002

(SR 2002/295)

Securities Act (Authorised Futures Contracts) Exemption Notice 2002: revoked, on 1 December 2015, by clause 3(a) of the Securities Act (Revocation of Certain Futures Contracts Exemptions) Notice 2015 (LI 2015/234).

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This notice is administered by the Financial Markets Authority.

Pursuant to the Securities Act 1978, the Securities Commission gives the following notice.

Notice

1 Title

This notice is the Securities Act (Authorised Futures Contracts) Exemption Notice 2002.

2 Commencement

This notice comes into force on 1 October 2002.

3 Expiry

This notice expires on the close of 30 September 2017.

Clause 3: amended, on 28 September 2012, by clause 3 of the Securities Act (Extension of Term, Amendment, and Transitional Provision) Exemption Notice 2012 (SR 2012/294).

4 Interpretation

(1)

In this notice, unless the context otherwise requires,—

Act means the Securities Act 1978

authorised futures contract has the same meaning as in section 37(1) of the Securities Markets Act 1988

Regulations means the Securities Regulations 2009.

(2)

Any term or expression that is defined in the Act or the Regulations and used, but not defined, in this notice has the same meaning as in the Act or the Regulations.

Clause 4(1): replaced, on 28 September 2012, by clause 3 of the Securities Act (Extension of Term, Amendment, and Transitional Provision) Exemption Notice 2012 (SR 2012/294).

5 Exemption

(1)

Every person who deals in an authorised futures contract, every person acting on behalf of that person, and every person on whose behalf that person acts are exempted from sections 33(2) and (3), 37, 37A, 38A, and 51 to 54B of the Act and the Regulations (except regulation 23) in respect of that contract.

(2)

The exemption in subclause (1) does not apply to Savings & Investments Limited.

Clause 5(1): amended, on 28 September 2012, by clause 3 of the Securities Act (Extension of Term, Amendment, and Transitional Provision) Exemption Notice 2012 (SR 2012/294).

Clause 5(2): added, on 6 November 2009, by clause 4 of the Securities Act (Authorised Futures Contracts) Exemption Amendment Notice 2009 (SR 2009/336).

Dated at Wellington this 17th day of September 2002.

The Common Seal of the Securities Commission was affixed in the presence of:

[Seal]

J Diplock,
Chairperson.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 19 September 2002.

Reprints notes
1 General

This is a reprint of the Securities Act (Authorised Futures Contracts) Exemption Notice 2002 that incorporates all the amendments to that notice as at the date of the last amendment to it.

2 Legal status

Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes

Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.

4 Amendments incorporated in this reprint

Securities Act (Revocation of Certain Futures Contracts Exemptions) Notice 2015 (LI 2015/234): clause 3(a)

Securities Act (Extension of Term, Amendment, and Transitional Provision) Exemption Notice 2012 (SR 2012/294): clause 3

Securities Act (Authorised Futures Contracts) Exemption Amendment Notice 2009 (SR 2009/336)