Australian Securities and Investments Commission Class Order [CO 07/43] (Cth)

Australian Securities and Investments Commission

Corporations Act 2001 — Paragraph 911A(2)(l) — Variation

Enabling legislation

1. The Australian Securities and Investments Commission makes this instrument under paragraph 911A(2)(l) of the Corporations Act 2001.

Title

2.         This instrument is ASIC Class Order [CO 07/43].

Commencement

3.         This instrument commences on the later of:

(a)        the date it is registered under the Legislative Instruments Act 2003; and

(b)        the date of its gazettal.

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 ASIC Class Order [CO 03/606] is varied by omitting paragraph (2) and substituting:

“(2)      contained in a document that is either:

(a)of the following kind that is required by and prepared by the person as a result of a requirement of the Act or the Superannuation Industry (Supervision) Act 1993:

(i)a statement setting out information about a reduction in share capital of the kind referred to in subsection 256C(4) of the Act; or

(ii)a statement setting out information about a share buy-back of the kind referred to in subsection 257C(2) or subsection 257D(2) or section 257G of the Act; or

(iii)a statement setting out information about financial assistance given by a company to a person to acquire shares of the kind referred to in subsection 260B(4) of the Act; or

(iv)a financial report; or

(v)an explanatory statement about a compromise or arrangement of the kind referred to in section 412 of the Act or a draft of such a statement of the kind referred to in subsection 411(3) of the Act; or

(vi)a bidder’s statement, a supplementary bidder’s statement, a target’s statement or a supplementary target’s statement; or

(vii)a document setting out information about a proposed acquisition of shares of the kind referred to in item 7 of the table in section 611 of the Act; or

(viii)a continuous disclosure notice; or

(ix)a disclosure document; or

(x)a supplementary or replacement document of the kind referred to in section 719 of the Act; or

(xi)a document setting out information given to members of superannuation funds and others under Part 2 of the Superannuation Industry (Supervision) Regulations 1994 (SIS Regulations); or

(xii)a document setting out information about investment strategies of the kind referred to in paragraph 4.02(2)(b) or paragraph 4.02(5)(a) of the SIS Regulations; or

(b)        an explanatory statement (however described) about a compromise or arrangement:

(i)         between a foreign company and its members or any class of them; and

(ii)        that is regulated by or under a law that is in force in or in a part of one of the following:

(A)       Hong Kong;

(B)       Malaysia;

(C)       New Zealand;

(D)       Singapore;

(E)       South Africa;

(F)       United Kingdom;

where the statement has been prepared because it is required by or under the law.”.

Dated this 21st day of February 2007

Signed by Stephen Yen, PSM

as a delegate of the Australian Securities and Investments Commission