Australian Securities and Investments Commission Class Order [Co 02/0258] (Cth)

Australian Securities and Investments Commission

Corporations Act 2001 - Subsection 655A(1) – Variation

Under subsection 655A(1) of the Corporations Act 2001 (the "Act") and with effect from the commencement of Schedule 1 to the Financial Services Reform Act 2001, the Australian Securities and Investments Commission hereby varies Class Order [00/2338] by:

1.       omitting from the heading the word "Law" and substituting the words "Act          2001";

2.       omitting from the introductory words:

(a)the words "Corporations Law (Law)" and substituting the words "Corporations Act 2001 (the "Act")"; and

(b)the word "Law" (third occurring) and substituting the word "Act";

3. omitting from paragraph 621(3A)(b) as notionally inserted into the Act by the class order, the words "relevant securities exchange" and substituting the words "operator of the relevant approved financial market";

4. omitting from paragraph 621(4A)(a) as notionally inserted into the Act by the class order, the words "stock market of the relevant securities exchange" and substituting the words "relevant approved financial market";

5. omitting from subparagraph 621(4A)(c)(ii) as notionally inserted into the Act by the class order, the words "securities exchange that has a stock market" and substituting the words "approved financial market"; and

6. omitting subparagraph 621(4B) as notionally inserted into the Act by the class order and substituting:

"(4B) For the purposes of subsections (3) to (4A):

(a) "approved financial market" in relation to quoted securities that the bidder offers as consideration means a prescribed financial market and also:

(i)    the main board (unless otherwise expressly stated) of any of the following financial markets: American Stock Exchange, Deutsche Borse, Euronext Amsterdam, Euronext Paris, Italian Exchange, Kuala Lumpur Stock Exchange (Main and Second Boards), London Stock Exchange, New York Stock Exchange, New Zealand Stock Exchange, Singapore Exchange, Stock Exchange of Hong Kong, Swiss Exchange, Tokyo Stock Exchange or Toronto Stock Exchange; and

(ii)   NASDAQ National Market; and

(b) "quoted security" includes a security quoted on an approved financial market.".

Dated this 3rd day of March 2002

Signed by Brendan Byrne

as a delegate of the Australian Securities and Investments Commission