Australian Securities and Investments Commission Class Order [CO 01/1599] (Cth)

ASIC Class Order [CO 01/1599]

Sydney Futures Exchange — participant’s relevant interest and voting power

This instrument is made under subsections 655A(1) and 673(1) of  the Corporations Act 2001.

This compilation was prepared on 4 October 2005 taking into account amendments up to [CO 02/274].

Prepared by the Australian Securities and Investments Commission.

Australian Securities and Investments Commission
Corporations Act 2001 — Subsections 655A(1) and 673(1) —
Revocation and Declaration

1.    Under subsections 655A(1) and 673(1) of the Corporations Act 2001 (the “Act”) the Australian Securities and Investments Commission (ASIC) hereby revokes Class Order [00/458].

2. Under subsection 655A(1) of the Act ASIC hereby declares that Chapter 6 of the Act applies to the classes of persons mentioned in the Schedule as if section 609 of the Act were modified or varied by inserting the following subsection after subsection 609(6):

“(6A) For the purposes of this Chapter, disregard a relevant interest of a person (a “broker”) in relation to a security if the broker's ordinary business includes dealing in derivatives and the broker has authority to exercise powers as the holder of the relevant interest only because of specific instructions given to the broker, by or on behalf of another person (a “client”), directing the broker to enter into a sold position in relation to the security on the client's behalf in the ordinary course of that business.”

3. Under subsection 673(1) of the Act ASIC hereby declares that Chapter 6C of the Act applies to the classes of persons mentioned in the Schedule as if section 671B of the Act were modified or varied by inserting after subsection 671B(7) the following subsection:

“(7A)       For the purposes of this section and the definition of “substantial holding” in section 9, disregard any relevant interest or voting power in shares which is disregarded for the purposes of Chapter 6 because of subsection 609(6A).”

SCHEDULE

Persons who are a “participant” within the meaning of the operating rules of:

(a)   SFE Corporation Limited (ACN 000 299 392);

(b)   Sydney Futures Exchange Limited (ACN 000 943 377);

(c)   SFE Clearing Corporation Pty Limited (ACN 050 615 864).

Notes to ASIC Class Order [CO 01/1599]

Note 1

ASIC Class Order [CO 01/1599] (in force under subsections 655A(1) and 673(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 01/1599]	21/12/2001	21/12/2001	-
[CO 02/274]	5/3/2002	11/3/2002	-

Table of Amendments

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

Provision affected	How affected
Para 2	am. [CO 02/274]
Schedule	am. [CO 02/274]