Australian Securities and Investments Commission Class Order [CO 09/1084] (Cth)

Australian Securities and Investments Commission

Corporations Act 2001 — Subsections 655A(1), 741(1) and 1020F(1) — Variation

Enabling legislation

1.       The Australian Securities and Investments Commission makes this instrument under subsections 655A(1), 741(1) and 1020F(1) of the Corporations Act 2001.

Title

2.       This instrument is ASIC Class Order [CO 09/1084].

Commencement

3.       This instrument commences on the later of:

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

(b)     1 January 2010.

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 Class Order [CO 07/428]

4. ASIC Class Order [CO 07/428] is varied as follows:

(a)     in paragraph 4(b):

(i) omit notional subsection 716(3) of the Act (including the heading); and

(ii) in notional subsection 716(6) of the Act omit the definitions of credit rating and credit rating reference;

(b)     in paragraph 5(b):

(i) omit notional subsection 1013K(3) of the Act (including the heading); and

(ii) in notional subsection 1013K(6) of the Act omit the definitions of ADI equities warrant, credit rating and credit rating reference.

ASIC Class Order [CO 07/429]

5. ASIC Class Order [CO 07/429] is varied as follows:

(a)     in paragraph 4(b):

(i) omit notional subsection 636(4A) of the Act (including the heading); and

(ii) in notional subsection 636(4D) of the Act omit the definitions of credit rating and credit rating reference;

(b)     in paragraph 5(b):

(i) omit notional subsection 638(6A) of the Act (including the heading); and

(ii) in notional subsection 638(6D) of the Act omit the definitions of credit rating and credit rating reference.

Transitional

6.       The variations made by this instrument do not apply to:

(a)     a disclosure document;

(b)     a Product Disclosure Statement;

(c)     a bidder’s statement;

(d)     a target’s statement,

that is dated before 1 January 2010.

Dated this 15th day of December 2009

Signed by Stephen Yen PSM

as a delegate of the Australian Securities and Investments Commission