Australian Securities and Investments Commission Class Order [Co 04/1568] (Cth)

Australian Securities and Investments Commission
Corporations Act 2001 — Paragraphs 601QA(1)(a), 741(1)(a), 992B(1)(a) and 1020F(1)(a) — Variation

Under paragraphs 601QA(1)(a), 741(1)(a), 992B(1)(a) and 1020F(1)(a) of the Corporations Act 2001 the Australian Securities and Investments Commission varies Class Order [CO 02/294] by:

1.       in paragraph 1:

(a)     in paragraph (b) of the definition of “IDPS Guide” after “document” where first appearing inserting “(other than a Supplementary IDPS Guide)”;

(b)     after the definition of “IDPS Guide” inserting:

“Note: Even where a Supplementary IDPS Guide is given at the same time as an IDPS Guide that consists of more than one document, it is not treated as one of those documents. A Supplementary IDPS Guide is required to meet the specific identification requirements in paragraph (b) of the definition of Supplementary IDPS Guide.”; and

(c)     inserting after the definition of “rights issue”:

“Supplementary IDPS Guide” means a document:

(a)     by which a person who has prepared an IDPS Guide can:

(i)      correct a misleading or deceptive statement in the IDPS   Guide; or

(ii)      correct an omission from the IDPS Guide of information described in paragraph (2)(f); or

(iii)     update the information contained in the IDPS Guide; and

(b)     which has at the beginning:

(i)      a statement that it is a Supplementary IDPS Guide; and

(ii)      an identification of the IDPS Guide that it supplements; and

(iii)     a statement that it is to be read together with that IDPS Guide and any other specified Supplementary IDPS Guides; and

(c)     which is dated with the date on which the Supplementary IDPS Guide was prepared or the preparation was completed.”; and

2.       after subparagraph 2(g) inserting:

“(ga)  For the purposes of this instrument, if:

(i)      a person is given an IDPS Guide; and

(ii)     at the same time, or later, they are given a Supplementary IDPS Guide that supplements the IDPS Guide;

the IDPS Guide is taken, from when the Supplementary IDPS Guide is given to the person, to include the information and statements contained in the Supplementary IDPS Guide.” ; and

3.       in subparagraph 2(h) after “IDPS Guide” inserting “and any Supplementary IDPS Guide”.

Dated this 17^th day of December 2004

Signed by Brendan Byrne

as a delegate of the Australian Securities and Investments Commission