Australian Securities and Investments Commission Class Order [Co 07/189] (Cth)

Australian Securities and Investments Commission

Corporations Act 2001—Paragraph 601QA(1)(a)—Exemption

Enabling legislation

1. The Australian Securities and Investments Commission (ASIC) makes this instrument under paragraph 601QA(1)(a) of the Corporations Act 2001 (the Act).

Title

1. This instrument is ASIC Class Order [CO 07/189].

Commencement

1. This instrument commences on the date it is registered under the Legislative Instruments Act 2003.

Note:   An instrument is registered when it is recorded on the Federal Register of Legislative Instruments (FRLI) in electronic form: ­see Legislative Instruments Act 2003, s 4 (definition of register).  The FRLI may be accessed at align="left">Exemption

1. A person who operates a managed investment scheme which involves an owner of real property that may not lawfully be used as a residence, in the owner’s discretion, making that real property available for use by a person as part of a serviced apartment, hotel, motel or resort complex, does not have to comply with section 601ED of the Act. This exemption only applies where the interests in the scheme are exempt from:

(a) Part 7.6 of the Act (other than Divisions 4 and 8); and

(b) section 992AA of the Act; and

(c) section 1017F of the Act;

because of an instrument in substantially the same terms as ASIC Pro Forma 187 (as at the date the instrument was made).

Dated this 30th day of March 2007

Signed by Brendan Byrne

as a delegate of the Australian Securities and Investments Commission