Australian Securities and Investments Commission Corporations (Amendment) Instrument 2015/963 (Cth)

ASIC Corporations (Amendment) Instrument 2015/963

I, Grant Moodie, delegate of the Australian Securities and Investments Commission, make the following legislative instrument.

Date                5 November 2015

Grant Moodie

Contents

Part 1—Preliminary

1    Name of legislative instrument

2    Commencement

3    Authority

4    Schedules

Schedule 1—Amendments

ASIC Class Order [CO 02/608]

ASIC Class Order [CO 03/957]

ASIC Class Order [CO 10/1034]

ASIC Class Order [CO 13/526]

Part 1—Preliminary

1        Name of legislative instrument

This instrument is ASIC Corporations (Amendment) Instrument 2015/963.

2        Commencement

This instrument commences on the day after it is registered on the Federal Register of Legislative Instruments.

Note:    The register may be accessed at Authority

This instrument is made under subsections 111AT(1), 655A(1), 673(1), 761EA(9) and 1020F(1) of the Corporations Act 2001.

4        Schedules

Each instrument that is specified in the Schedule to this instrument is amended as set out in the applicable items in the Schedule.

Schedule 1—Amendments

ASIC Class Order [CO 02/608]

1        The first paragraph

Omit all the words after “Part 7.9”, substitute “of the Act applies to ASX traded warrants and Chi-X traded warrants as if item 3 in the table in subsection 761E(3) of the Act were omitted.”

2        Interpretation

Omit all the words after “In this instrument:”, substitute:

“ASX operating rules means the operating rules of the licensed market operated by ASX Limited.

ASX traded warrant means a warrant (within the meaning of rule [7100] of the ASX operating rules) that has been admitted to trading status (within the meaning of rule [7100] of the ASX operating rules).

Chi-X operating rules means the operating rules of the licensed market operated by Chi-X Australia Pty Ltd.

Chi-X traded warrant means a warrant (within the meaning of rule 1.1 of the Chi-X operating rules) that has been admitted to quotation (within the meaning of rule 1.1 of the Chi-X operating rules).”

ASIC Class Order [CO 03/957]

3        Paragraphs 1 and 2

Omit “ASX” (wherever occurring), substitute “exchange”

4        Interpretation

(a)     in paragraph (a) omit “Australian Stock Exchange”, substitute “ASX”

(b)     omit paragraph (b), substitute:

(b)     “ASX operating rules” means the operating rules of the licensed market operated by ASX;

(c)     omit paragraph (c), substitute:

(c)     “ASX traded managed investment warrant” means a managed investment warrant that is a warrant (within the meaning of rule [7100] of the ASX operating rules) that ASX has admitted to trading status (within the meaning of rule [7100] of the ASX operating rules);

(d)     after paragraph (c), insert:

(ca)   “Chi-X” means Chi-X Australia Pty Ltd;

(cb)   “Chi-X operating rules” means the operating rules of the licensed market operated by Chi-X;

(cc)   “Chi-X traded managed investment warrant” means a managed investment warrant that is a warrant (within the meaning of rule 1.1 of the Chi-X operating rules) that has been admitted to quotation (within the meaning of rule 1.1 of the Chi-X operating rules);

(e)     in paragraph (ea), omit “Regulations 2001;”, substitute “Corporations Regulations 2001;”

(f)      after paragraph (d), insert:

(da)  “exchange traded managed investment warrant” means:

(i)      an ASX traded managed investment warrant; or

(ii)     a Chi-X traded managed investment warrant;

(g)     omit paragraph (f), substitute:

(f)     “warrant issuer” means:

(i)      in relation to an ASX traded warrant—a warrant-issuer (within the meaning of rule [7100] of the ASX operating rules);

(ii)     in relation to a Chi-X traded warrant—a product issuer (within the meaning of rule 1.1 of the Chi-X operating rules).

ASIC Class Order [CO 10/1034]

5        Subparagraph 4(a)

Omit “ASX Limited;”, substitute “ASX Limited or Chi-X Australia Pty Ltd;”

ASIC Class Order [CO 13/526]

6        Paragraph 5 (definitions of call warrant and put warrant)

Omit “ASX Limited.”, substitute “ASX Limited or Chi-X Australia Pty Ltd.”