Australian Securities and Investments Commission Class Order [CO 09/27] (Cth)

Australian Securities and Investments Commission
Corporations Act 2001 — Subsections 601QA(1) and 1075A(1) — Declaration

Enabling legislation

1.         The Australian Securities and Investments Commission (ASIC) makes this instrument under subsections 601QA(1) and 1075A(1) of the Corporations Act 2001.

Title

2.         This instrument is ASIC Class Order [CO 09/27].

Commencement

3.         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 Class Order [CO 02/312]

4. ASIC Class Order [CO 02/312] is varied as follows:

(a)        in “SCHEDULE A – Classes of Financial Product”:

(i)         omit paragraph 1, substitute:

“1.      Warrants that are:

(a)      able to be traded on the financial market operated by ASX; or

(b)      admitted to the AQUA Quote Display Board.

1A. Interests in a managed investment scheme that is not required to be registered under Chapter 5C of the Act because of an instrument made under section 601QA of the Act and that are:

(a)      able to be traded on the financial market operated by ASX; or

(b)      admitted to the AQUA Quote Display Board.”; and

(ii)        omit paragraph 4, substitute:

“4.      Financial products issued by CHESS Depositary Nominees Pty Limited for the purpose of enabling beneficial ownership of:

(a)      securities issued by a foreign company; or

(b)      foreign scheme products,

to be recorded in and transferred through CHESS and being described in the operating rules of ASTC as CHESS Depositary Interests or CDIs.”;

(b)        in “SCHEDULE B - Modifications” in paragraph 1, omit “Item 1”, substitute “paragraph 1”;

(c)        under the heading “Interpretation”:

(i)         before the definition of “ASTC”, insert:

“AQUA Quote Display Board has the meaning given by the operating rules of ASX;”;

(ii)        omit the definition of “ASX”, insert:

“ASX means ASX Limited;”;

(iii)       after the definition of “CHESS” insert:

““foreign scheme product means a financial product that:

(a) is referred to in paragraph 764A(1)(ba) of the Act; and

(b)      relates to a managed investment scheme which is:

(i)       operated by a foreign company; and

(ii)      included in the official list of the financial market operated by ASX.”; and

(iv)       omit the definitions of “quoted foreign managed investments” and “quoted foreign securities”.

ASIC Class Order [CO 05/26]

5. ASIC Class Order [CO 05/26] is varied, in subparagraph 4(b), as follows:

(a)        in paragraph 601GAB(2)(a) omit “if it applies when the interests in the scheme are not quoted on a financial market—be based”, substitute “if it applies when the interests in the scheme:

(i)         are not quoted on a financial market; or

(ii)        are AQUA products that are able to be traded on the financial market operated by ASX,

be based”;

(b)        in paragraph 601GAB(2)(b) omit “if it applies when the interests in the scheme are quoted on a financial market—be based”, substitute “if it applies when the interests in the scheme:

(i)         are quoted on a financial market; and

(ii)        are not interests to which subparagraph (a)(ii) applies,

be based”;

(c)        after subsection 601GAB(13) insert:

“(13A) For the purposes of subsection (2) and this subsection:

AQUA products has the meaning given by the operating rules of ASX.

ASX means ASX Limited.”.

Dated this 5^th day of March 2009

Signed by Brendan Byrne

as a delegate of the Australian Securities and Investments Commission