Australian Securities and Investments Commission Class Order [Co 02/924] (Cth)

Australian Securities and Investments Commission

Corporations Act 2001 — Sections 655A and 673 — Revocation and Declaration

Under sections 655A and 673 of the Corporations Act 2001 (the “Act”) the Australian Securities and Investments Commission (“ASIC”) hereby revokes Class Order [00/451]. 

And under sections 655A and 673 of the Act ASIC hereby declares that Chapters 6 and 6C of the Act apply in relation to the class of persons described in Schedule A, in the case referred to in Schedule B, as if section 609 were modified or varied by:

1.         omitting the full stop at the end of paragraph 609(6)(b) and substituting a semi‑colon;

2.         adding after paragraph 609(6)(b) the following paragraph:

“(c)      a right to acquire the securities or to require the securities be kept in trust given by a Call Warrant.”; and

3.         adding after subsection 609(6) the following subsection:

“(6A)   For the purposes of this section:

(a)        A “Call Warrant” is a call warrant in relation to Equity Securities for the purposes of the operating rules of Australian Stock Exchange Limited which:

(i)         was issued pursuant to an Offering Circular or Product Disclosure Statement; and

(ii)        has been admitted to trading status in accordance with the operating rules of Australian Stock Exchange Limited; and

(b)       “Offering Circular” has the same meaning as is given in the operating rules of Australian Stock Exchange Limited.”.

SCHEDULE A

Any person who acquires and holds a Call Warrant, for the period the person holds the Call Warrant.

SCHEDULE B

The calculation of the relevant interests, substantial holdings or voting power of a person in the class of persons described in Schedule A, where the Offering Circular or Product Disclosure Statement for the Call Warrant stated that this Class Order, Class Order 00/451 or Class Order 99/841 was to apply.

Interpretation

For the purposes of Schedules A and B, “Call Warrant” has the meaning given to that term above in this instrument.

Dated the 10th day of September 2002

Signed by Brendan Byrne

as a delegate of the Australian Securities and Investments Commission