Australian Securities and Investments Commission Class Order [Co 02/0269] (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 [01/1543] by:

1.         omitting from paragraph 8:

(a)        the words “the relevant securities exchange” (twice occurring) and substituting the words “the operator of each relevant prescribed financial market”; and

(b)        the words “each relevant securities exchange” and substituting the words “the operator of each relevant prescribed financial market”;

2.         omitting paragraph 9 and substituting the following paragraph:

“9         subsection 636(1) were modified by deleting paragraphs (g) and (ga) and substituting the following paragraphs:

“(g)      if any securities (other than managed investment products) are offered as consideration under the bid and: 

(i)         the bidder is the body that has issued or will issue the securities; or

(ii)        the bidder is a person that controls that body; or

(iii)       that body agrees to the bidder offering, or authorises, arranges for or permits the bidder to offer the securities;

all material that would be required for a prospectus for an offer of those securities by the bidder, or, if subparagraph (iii) applies, the body, under section 710 to 713;

(ga)      if any managed investment products are offered as consideration under the bid and: 

(i)         the bidder is the responsible entity of the managed investment scheme; or

(ii)        the bidder is a person who controls the responsible entity of the managed investment scheme; or

(iii)       the responsible entity agrees to the bidder offering, or authorises, arranges for or permits the bidder to offer the securities;

all material that would be required by section 1013C to be included in a Product Disclosure Statement given to a person in an issue situation (within the meaning of section 1012B) in relation to those managed investment products;”;

3.         omitting from paragraph 11:

(a)        the words “a securities exchange” and substituting the words “the operator of a prescribed financial market”; and

(b)        the words “the securities exchange” and substituting the words “the prescribed financial market”; and

4.         omitting from paragraph 12:

(a)        the words “a securities exchange” and substituting the words “the operator of a prescribed financial market”; and

(b)        the words “the securities exchange” and substituting the words “the prescribed financial market”.

Dated this 4th day of March 2002

Signed by Brendan Byrne

as a delegate of the Australian Securities and Investments Commission