Australian Securities and Investments Commission Class Order [Co 04/734] (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 varying the table in paragraph 2(j) as follows:

1.         in column 3 of item 1:

(a)        omit subparagraphs 1(a) and (b), substitute:

“(a)  the annual investor statements for the relevant IDPS financial year are or have been given to clients without material misstatements; and

(b) where the annual investor statements do not purport to include particulars of each transaction that would be required in quarterly reports for each quarter during the IDPS financial year:

(i)      any quarterly reports, are or have been given to clients without material misstatements; and

(ii)     any information that is made accessible electronically under subparagraph 2(e)(xii) in respect of the IDPS financial year is not materially misstated.”; and

(b)        omit subparagraphs 3(a) and (b), substitute:

“(a)   any annual investor statement for the relevant IDPS financial year given to any client is materially misstated; and

(b) if the annual investor statements for the IDPS financial year do not generally purport to include particulars of each transaction that would be required in quarterly reports for each quarter during the IDPS financial year:

(i)      any quarterly reports given for the IDPS financial year are materially misstated; and

(ii)     any information accessible electronically by clients under subparagraph 2(e)(xii) that relates to any of the following was materially misstated:

(A)   transactions during the IDPS financial year;

(B)    assets held during the IDPS financial year and any corresponding liabilities;

(C)    revenue and expenses for the IDPS financial year.”;

2.         in column 3 of item 2:

(a)        omit subparagraphs 1(a) and (b), substitute:

“(a)   the annual investor statements for the relevant IDPS financial year are not materially misstated; and

(b) where the annual investor statements do not purport to include particulars of each transaction that would be required in quarterly reports for each quarter during the IDPS financial year:

(i)      any quarterly reports, are or have been given to the client contact operator without material misstatements; and

(ii)     any information given to the client contact operator to be made accessible electronically under subparagraph 2(e)(xii) during the IDPS financial year is not materially misstated.”; and

(b)        omit subparagraphs 3(a) and (b), substitute:

“(a)   any annual investor statement for the relevant IDPS financial year given to the client contact operator is materially misstated; and

(b) if the annual investor statements for the IDPS financial year do not generally purport to include particulars of each transaction that would be required in quarterly reports for each quarter during the IDPS financial year:

(i)      any quarterly reports required to be given for the IDPS financial year are materially misstated; and

(ii)     any information provided for the purpose of being made accessible electronically under subparagraph 2(e)(xii) that has been given to the client contact operator and relates to any of the following was materially misstated:

(A)   transactions during the IDPS financial year;

(B)    assets held during the IDPS financial year and any corresponding liabilities;

(C)    revenue and expenses for the IDPS financial year.”; and

3.         in column 3 of item 3 omit subparagraphs (a) and (b), substitute:

“(a)   the annual investor statements for the relevant IDPS financial year are or have been given to clients without material misstatements; and

(b) where the annual investor statements do not purport to include particulars of each transaction that would be required in quarterly reports for each quarter during the IDPS financial year:

(i)      any quarterly reports, that have been given to the client contact operator by the back office operator are given to each relevant client without material alteration; and

(ii)     any information given to the client contact operator by the back office operator to be made accessible electronically under subparagraph 2(e)(xii) that relates to any of the following:

(A)   transactions during the IDPS financial year;

(B)    assets held during the IDPS financial year and any corresponding liabilities;

(C)    revenue and expenses for the IDPS financial year,

is so made accessible without material alteration.”.

Dated this 28^th day of June 2004

Signed by Stephen Yen, PSM

as a delegate of the Australian Securities and Investments Commission