Section 791A — Corporations Act 2001: Need for a licence

(1) A person must only operate, or hold out that the person operates, a financial market in this jurisdiction if: (a) the person has an Australian market licence that authorises the person to operate the market in this jurisdiction; or (b) the market is exempt from the operation of this Part; or (c) the person is exempt from the operation of this Part. Note 1: A market licensee may also provide financial services incidental to the operation of the market: see paragraph 911A(2)(d). Note 2: Failure to comply with this subsection is an offence (see subsection 1311(1)). (2) For the purposes of an offence based on subsection (1), strict liability applies to paragraph (1)(b). Note: For strict liability, see section 6.1 of the Criminal Code. (3) A person contravenes this subsection if the person contravenes subsection (1). Note: This subsection is a civil penalty provision (see section 1317E).