Australian Securities and Investments Commission Class Order [Co 04/191] (Cth)

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

Under paragraphs 601QA(1)(a), 992B(1)(a) and 1020F(1)(a) of the Corporations Act2001, the Australian Securities and Investments Commission varies Class Order [CO 02/186] by:

1.         in the introductory words of the first paragraph:

(a)        after “Commission”, inserting “(“ASIC”)”; and

(b)        omitting “(as defined, from time to time, in By Law G.1 of SFE Corporation Limited or Sydney Futures Exchange Limited)”;

2.         in subparagraph (a) of the first paragraph, omitting “SFE Corporation Limited or Sydney Futures Exchange Limited” and substituting “SFE”;

3.         in subparagraph (b) of the first paragraph, omitting “SFE Corporation Limited or Sydney Futures Exchange Limited” and substituting “ASIC”;

4.         in Schedule A, omitting all of the words following “By Laws” and substituting “who operated a Managed Discretionary Account on 10 March 2004.”;

5.         in Schedule B:

(a)        omitting “ Prior to 11 March 2004:” and substituting: “Before the earlier of 11 December 2004 or when the Participant lodges with ASIC a notice for the purposes of subparagraph 1.6(c) of Class Order [CO 04/194]:”; and

(b)        omitting “in accordance with the By-Laws and guidelines of SFE Corporation Limited or Sydney Futures Exchange Limited.” and substituting:

“as far as practicable, in accordance with:

(c)        the By-Laws and guidelines of SFE as modified or varied as set out in Schedule C; and

(d)       any act done (for example, an approval or determination) under those By-Laws or guidelines by the SFE or an organ of the SFE that would have been applicable to such operation or offers by the Participant had it occurred on 10 March 2004.”; and

6.         inserting after Schedule B:

“   SCHEDULE C

The By-Laws and guidelines of SFE apply as if:

(a)        a reference to a “Registered Representative” were a reference to a person who was on 10 March 2004 a “Registered Representative” as defined in the By-Laws; and

(b)        a reference to the lodgement of documents (however described) with SFE were a reference to the lodgement of those documents with ASIC.

Interpretation

In this instrument:

(a)        “By-Laws” in relation to SFE, means the By-Laws of SFE as in force on 10 March 2004;

(b)        “guidelines” in relation to SFE, means the guidelines of SFE as in force on 10 March 2004;

(c)        “Managed Discretionary Account” has the meaning given by the By-Laws; and

(d)        “SFE” means Sydney Futures Exchange Limited (ACN 000 943 377).”.

Commencement

This instrument commences on 11 March 2004.

Dated this 11th day of March 2004.

Signed by Brendan Byrne

as a delegate of the Australian Securities and Investments Commission