s 7 Requirement for approval or recognition
7.—(1) A person must not establish or operate an organised market, or hold itself out as operating an organised market, unless the person is —(a) an approved exchange; or (b) a recognised market operator.[4/2017] (2) A person must not hold itself out —(a) as an approved exchange, unless the person is an approved exchange; or (b) as a recognised market operator, unless the person is a recognised market operator.[4/2017] (3) Except with the written approval of the Authority, a person, other than an approved exchange or a recognised market operator, must not take or use, or have attached to or exhibited at any place —(a) the title or description “securities exchange”, “stock exchange”, “futures exchange” or “derivatives exchange” in any language; or (b) any title or description that resembles a title or description referred to in paragraph (a).[4/2017] (4) Any person who contravenes subsection (1) or (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $250,000 or to imprisonment for a term not exceeding 3 years or to both and, in the case of a continuing offence, to a further fine not exceeding $25,000 for every day or part of a day during which the offence continues after conviction.[4/2017] (5) Any person who contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 and, in the case of a continuing offence, to a further fine not exceeding $2,000 for every day or part of a day during which the offence continues after conviction.[4/2017] (6) Despite section 337(1), the Authority may, by regulations made under section 44, exempt any corporation or class of corporations from subsection (1), subject to such conditions or restrictions as the Authority may prescribe in those regulations.[4/2017] (7) The Authority may, by written notice, exempt any corporation from subsection (1), subject to such conditions or restrictions as the Authority may specify by written notice, if the Authority is satisfied that the exemption will not detract from the objectives specified in section 5.[4/2017] (8) It is not necessary to publish any exemption granted under subsection (7) in the Gazette.[4/2017] (9) The Authority may, at any time, by written notice —(a) add to the conditions or restrictions mentioned in subsection (7); or (b) vary or revoke any condition or restriction mentioned in that subsection.[4/2017] (10) Every corporation that is exempted under subsection (6) must satisfy every condition or restriction imposed on it under that subsection.[4/2017] (11) Every corporation that is exempted under subsection (7) must, for the duration of the exemption, satisfy every condition or restriction imposed on it under that subsection and subsection (9).[4/2017] (12) Any corporation which contravenes subsection (10) or (11) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $150,000 and, in the case of a continuing offence, to a further fine not exceeding $15,000 for every day or part of a day during which the offence continues after conviction.[4/2017]