270 NEW ZEALAND GAZETTE, No. 11 2 FEBRUARY 2012

to any adverse finding by any Court, tribunal, regulatory authority, or disciplinary committee.

(9) The Company must, within three months after the end of its financial year, give a report to Financial Markets Authority on the extent to which it has complied with its obligations under clause 8 of this notice in the preceding financial year.

(10) The company must provide Financial Markets Authority with a copy of the Australian Securities and Investments Commission’s annual assessment of the Company within three working days of its publication.

(11) The company must at all times ensure Financial Markets Authority has been given notice of the person, or persons, Financial Markets Authority should contact in the first instance about matters it requires a response from the company on.

8. Conditions relating to market supervision—(1) The Company must:

(a) to the extent that it is reasonably practicable, do all things necessary to ensure that the Market operates in a fair, orderly and transparent manner; and

(b) have adequate arrangements for supervising the Market, including arrangements:

(i) for handling conflicts between the commercial interests of the Company and the need for the Company to ensure that the Market operates in a fair, orderly and transparent manner; and

(ii) for monitoring the conduct of Participants on or in relation to the Market; and

(iii) for enforcing compliance with the Operating Rules; and

(iv) that ensure there is a sufficiently independent adjudicative body to adjudicate on contraventions of the Operating Rules that are referred to it; and

(c) have sufficient resources (including financial, technological and human resources) to operate the Market properly and for the required supervisory arrangements to be provided.

9. Conditions relating to jurisdiction—The Company must submit to the non-exclusive jurisdiction of the New Zealand Courts in actions brought by Financial Markets Authority.

10. Revocation—The Authorised Futures Exchange Notice 2001, published in the New Zealand Gazette, 13 December 2001, No. 170, page 4186, is revoked.

Dated at Wellington this 31st day of January 2012.

ELAINE CAMPBELL, Head of Compliance Monitoring, Financial Markets Authority.

au564

NZ Transport Agency

Government Roading Powers Act 1989

Land Transport Act 1998

New Zealand Transport Agency (Mana Clearway) Bylaw 2012/1

Pursuant to section 61(3) of the Government Roading Powers Act 1989 and section 22AB(1)(h) and (m) of the Land Transport Act 1998, the NZ Transport Agency (the Agency) hereby makes the following bylaw.

Bylaw

1. Title and commencement—This bylaw may be cited as the New Zealand Transport Agency (Mana Bylaw) 2012/1 and will come into force on 1 March 2012.

2. Interpretation—In this bylaw, unless the context otherwise requires:

Agency, Vehicle and Passenger Service Vehicle have the same meaning as in section 2(1) of the Land Transport Act 1998.

Clearway has the same meaning as in the TCD Rule.

Emergency vehicle has the same meaning as in clause 1.6 of the Road User Rule.

Enactment includes:

(a) Acts and Regulations.

(b) Bylaws.

Erection of prescribed sign includes marking a road or part of a road with any road marking which falls within the definition of “prescribed sign” in this bylaw.

Prescribed sign means any sign or road marking which is authorised under subclause 12.2(3) of the TCD Rule.

Public holiday means a day specified as a public holiday in section 44(1) of the Holidays Act 2003.

Road User Rule means the Land Transport (Road User) Rule 2004.

TCD Rule means Land Transport Rule: Traffic Control Devices 2004.

3. Clearway—Subject to the erection of the prescribed signs, the portion of highway described in:

(1) Part A of Schedule 1 shall be a clearway from 6.30am until 9.30am, Monday to Friday except public holidays, and from 3.30pm until 6.30pm on Sunday and public holidays.

(2) Part B of Schedule 1 shall be a clearway from 3.30pm until 6.30pm, Monday to Friday except public holidays, and from 11.30am until 2.30pm on Saturday.

4. Stopping, standing or parking of vehicles—Subject to the erection of the prescribed signs, between the hours specified in subclauses 3(1) and (2) of this bylaw, the stopping, standing or parking of vehicles on the clearways is prohibited, except for emergency vehicles and for passenger service vehicles picking up or setting down passengers at authorised bus stops or parking bays.

5. The Agency must mark out lanes and erect signs—The Agency must mark out and indicate a prohibition on stopping by installing “Clearway” signs (with supplementary notices, as appropriate, to define the area and time of application) in accordance with subclause 12.2(3) of the TCD Rule.

6. Removal of vehicles by towing—In addition to the powers conferred on it by any other enactment, the Agency may remove or cause to be removed, any vehicle or thing using the clearway in breach of this bylaw, and the Agency may recover from the person committing the breach any reasonable costs of such removal.

7. Offence and penalties—Without limiting any provision of any other enactment, a person who breaches clause 4 of this bylaw commits an offence and is liable on summary conviction to a fine not exceeding $500.00.

8. General exceptions—A person is not in breach of this bylaw if the person proves that any act or omission that would otherwise constitute a breach, took place in circumstances provided for in subclauses 1.8(1), 1.8(3) or 1.8(4) of the Road User Rule.

9. Revocation—The bylaw listed in Schedule 2 of this bylaw is hereby revoked.