Australian Securities and Investments Commission Class Order [CO 00/0178] (Cth)

ASIC Class Order [CO 00/178]

Foreign securities: publishing of reports and notices

This instrument has effect under subsection 741(1) of the Corporations Act 2001.

This compilation was prepared on 4 October 2005 taking into account amendments up to [CO 02/301].

Prepared by the Australian Securities and Investments Commission.

Australian Securities and Investments Commission
Corporations Act 2001 — Subsection 741(1) — Exemption

Pursuant to subsection 741(1) of the Corporations Act 2001 (the “Act”), the Australian Securities and Investments Commission (“ASIC”) hereby exempts the class of persons specified in Schedule A (each an “author”) in the case specified in Schedule B from subsection 734(2) of the Act on condition that if a person whose address is, to the knowledge of the author, in this jurisdiction responds to the advertisement or statement by applying for the securities referred to in that advertisement or statement the author does not issue or procure the issue to that person of the securities applied for unless that person is first provided with a copy of a disclosure document which complies with the requirements of the Act and which has been lodged with ASIC.

SCHEDULE A

A person who, as the author of an advertisement or statement in relation to securities of a foreign corporation or proposed foreign corporation, causes or authorises a publication of the advertisement or statement which, but for this exemption, would be prohibited by subsection 734(2) of the Act.

SCHEDULE B

An advertisement or statement which:

(a)   is published in a newspaper or periodical:

(i)    which is produced outside this jurisdiction;

(ii)   substantially all of the circulation of which is outside this jurisdiction; and

(iii)   is not distributed in this jurisdiction by or on behalf of the author or whether directly or indirectly at the instigation of or by arrangement with the author; and

(b)   complies with any legislative requirements and the operating rules of the financial market applicable to such advertisements or statements in the place in which the newspaper or periodical is produced.

Note: In this instrument, “this jurisdiction” means Australia: Act, ss 5 and 9 (definition of “this jurisdiction”).

Notes to ASIC Class Order [CO 00/178]

Note 1

ASIC Class Order [CO 00/178] (in force under subsection 741(1) of the Corporations Act 2001) as shown in this compilation comprises that Class Order amended as indicated in the Tables below.

Table of Instruments

Instrument number	Date of making or FRLI registration	Date of commencement	Application, saving or transitional provisions
[CO 00/178]	13/2/2000	13/2/2000	-
[CO 02/301]	8/3/2002	11/3/2002	-

Table of Amendments

ad. = added or inserted     am. = amended     rep. = repealed     rs. = repealed and substituted

Provision affected	How affected
Introductory para	am. [CO 02/301]
Schedule B	am. [CO 02/301]
Schedule B para (b)	rs. [CO 02/301]
Class order	am. [CO 02/301]