Australian Securities and Investments Commission Class Order [Co 04/735] (Cth)

Australian Securities and Investments Commission

Corporations Act 2001 — Subsections 601QA(1), 741(1) and 1020F(1) — Variation

Under subsections 601QA(1), 741(1) and 1020F(1) of the Corporations Act 2001 the Australian Securities and Investments Commission varies Class Order [CO 02/296] as follows:

1.         omit subparagraphs 2(n)(i)(A) and (B), substitute:

“(A)     the annual investor statements for the relevant financial year of the IDPS-like scheme are or have been given to members 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 financial year of the IDPS-like scheme:

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

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

2.         in subparagraph 2(n)(ii) omit “clients’”, substitute “members’”; and

3.         omit subparagraphs 2(n)(iii)(a) and (b), substitute:

“(A)     any annual investor statement for the relevant financial year of the IDPS-like scheme given to any member is materially misstated; and

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

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

(II)       any information accessible electronically by members under subparagraph 2(j)(ii) that relates to any of the following was materially misstated:

(aa)      transactions during the financial year;

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

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

Dated this 28^th day of June 2004

Signed by Stephen Yen, PSM

as a delegate of the Australian Securities and Investments Commission