Australian Securities and Investments Commission Corporations (Disregarding Technical Relief) Instrument 2016/73 (Cth)

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ASIC Corporations (Disregarding Technical Relief) Instrument 2016/73

About this compilation

Compilation No. 7

This is a compilation of ASIC Corporations (Disregarding Technical Relief) Instrument 2016/73 as in force on 26 March 2021. It includes any commenced amendment affecting the legislative instrument to that date.

This compilation was prepared by the Australian Securities and Investments Commission.

The notes at the end of this compilation (the endnotes) include information

about amending instruments and the amendment history of each amended provision.

Contents

Part 1—Preliminary

1 Name of legislative instrument

3 Authority

4 Definitions

Part 2—Declaration

5 Disregarding technical relief instruments for certain purposes

Endnotes

Endnote 1—Instrument history

Endnote 2—Amendment history

Part 1—Preliminary

1 Name of legislative instrument

This instrument is ASIC Corporations (Disregarding Technical Relief) Instrument 2016/73.

3 Authority

This instrument is made under sections 741 and 1020F of the Corporations Act 2001.

4 Definitions

In this instrument:

Act means the Corporations Act 2001.

Part 2—Declaration

5 Disregarding technical relief instruments for certain purposes

Chapter 6D and Part 7.9 of the Act apply to all persons as if the following provisions were modified or varied:

(a) in section 9 insert the following definition:

“technical relief instrument means any instrument (however described) mentioned in column 2 or 3 of the following table:

ASIC Instrument

ASIC Class Order

1.

ASIC Corporations (Disregarding Technical Relief) Instrument 2016/73

ASIC Class Order [CO 01/1455]

ASIC Class Order [CO 04/672] ASIC Class Order [CO 07/571] (each as in force as at the day immediately before the day those class orders were repealed)

2.

ASIC Corporations (Rounding in Financial/Directors’ Reports) Instrument 2016/191

ASIC Class Order [CO 98/100]

(as in force as at the day immediately before the day the class order was repealed)

3.

ASIC Corporations (Uncontactable Members) Instrument 2016/187

ASIC Class Order [CO 98/101]

(as in force as at the day immediately before the day the class order was repealed)

4.

ASIC Corporations (Electronic Lodgment of Reports) Instrument 2016/181

ASIC Class Order [CO 98/104] (as in force as at the day immediately before the day the class order was repealed)

5.

ASIC Corporations (Wholly-owned Companies) Instrument 2016/785

ASIC Class Order [CO 98/1418]

(as in force as at the day immediately before the day the class order was repealed)

6.

ASIC Corporations (Directors' Report Relief) Instrument 2016/188

ASIC Class Order [CO 98/2395]

(as in force as at the day immediately before the day the class order was repealed)

7.

ASIC Class Order [CO 99/90]
(as in force as at the day immediately before the day the class order was repealed)

8.

ASIC Class Order [CO 00/2449]

9.

ASIC Corporations (Stapled Group Reports) Instrument 2015/838

ASIC Class Order [CO 05/642] (as in force as at the day immediately before the day the class order was repealed)

10.

ASIC Corporations (Post Balance Date Reporting) Instrument 2015/842

ASIC Class Order [CO 05/644] (as in force as at the day immediately before the day the class order was repealed)

11.

ASIC Corporations (Related Scheme Reports) Instrument 2015/839

ASIC Class Order [CO 06/441] (as in force as at the day immediately before the day the class order was repealed)

12.

ASIC Corporations (Share and Interest Purchase Plans) Instrument 2019/547

ASIC Class Order [CO 09/425] (as in force as at the day immediately before the day the class order was repealed)

13.

ASIC Class Order [CO 10/321] (as in force as at the day immediately before the day the class order was repealed)

14.

ASIC Corporations (Sale Offers: Securities Issued on Conversion of Convertible Notes) Instrument 2016/82

ASIC Class Order [CO 10/322] (as in force as at the day immediately before the day the class order was repealed)

15.

ASIC Corporations (Parent Entity Financial Statements) Instrument 2021/195

ASIC Class Order [CO 10/654] (as in force as at the day immediately before the day the class order was repealed)

16.

ASIC Class Order [CO 13/1050]

17.

ASIC Corporations (Extended Reporting and Lodgment Deadlines—Listed Entities) Instrument 2020/451

18.

an order under section 340 to the extent it relieves the entity, or any person as director or auditor of the entity, from the requirements of subsection 323D(3).

In this table, unless a contrary intention appears, a reference to an instrument is taken to be a reference to the instrument as in force from time to time.”;

(b) in section 9 in the definition of continuously quoted securities, at the beginning of both subparagraphs (b)(ii) and (iii), insert “other than a technical relief instrument,”;

(c) in paragraphs 708AA(2)(e), 708A(5)(d), 1012DAA(2)(e) and 1012DA(5)(d), at the beginning of each respective paragraph, insert “other than a technical relief instrument,”.

Endnotes

Endnote 1—Instrument history

Instrument number	Date of FRL registration	Date of commencement	Application, saving or transitional provisions
2016/71	16/3/2016 (see F2016L00322)	17/3/2016
2016/182	31/3/2016 (see F2016L00453)	1/4/2016	-
2016/247	25/8/2016 (see F2016L01327)	26/8/2016	-
2016/914	29/9/2016 (see F2016L01543)	29/9/2016	-
2016/1182	15/12/2016 (see F2016L01957)	20/12/2016	-
2019/548	28/8/2019 (see F2019L01115)	29/8/2019	-
2020/452	20/5/2020 (see F2020L00591)	21/5/2020	-
2021/196	25/3/2021 (see F2021L00330)	26/3/2021	-

Endnote 2—Amendment history

ad. = added or inserted am. = amended LA = Legislation Act 2003 rep. = repealed rs. = repealed and substituted

Provision affected	How affected
Section 2	rep. s48D LA
Section 5(a) (definition of “technical relief instrument”: table, item 2)	rs. 2016/247
Section 5(a) (definition of “technical relief instrument”: table, item 3)	rs. 2016/247
Section 5(a) (definition of “technical relief instrument”: table, item 4)	rs. 2016/182
Section 5(a) (definition of “technical relief instrument”: table, item 5)	rs. 2016/914
Section 5(a) (definition of “technical relief instrument”: table, item 6)	rs. 2016/247
Section 5(a) (definition of “technical relief instrument”: table, item 12)	rs. 2019/548
Section 5(a) (definition of “technical relief instrument”: table, item 15)	rs. 2021/196
Section 5(a) (definition of “technical relief instrument”: table, item 17)	rs. 2016/1182 ad. 2020/452

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Australian Securities and Investments Commission Corporations (Disregarding Technical Relief) Instrument 2016/73 (Cth)

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ASIC Instrument	ASIC Class Order
1.	ASIC Corporations (Disregarding Technical Relief) Instrument 2016/73	ASIC Class Order [CO 01/1455] ASIC Class Order [CO 04/672] ASIC Class Order [CO 07/571] (each as in force as at the day immediately before the day those class orders were repealed)
2.	ASIC Corporations (Rounding in Financial/Directors’ Reports) Instrument 2016/191	ASIC Class Order [CO 98/100] (as in force as at the day immediately before the day the class order was repealed)
3.	ASIC Corporations (Uncontactable Members) Instrument 2016/187	ASIC Class Order [CO 98/101] (as in force as at the day immediately before the day the class order was repealed)
4.	ASIC Corporations (Electronic Lodgment of Reports) Instrument 2016/181	ASIC Class Order [CO 98/104] (as in force as at the day immediately before the day the class order was repealed)
5.	ASIC Corporations (Wholly-owned Companies) Instrument 2016/785	ASIC Class Order [CO 98/1418] (as in force as at the day immediately before the day the class order was repealed)
6.	ASIC Corporations (Directors' Report Relief) Instrument 2016/188	ASIC Class Order [CO 98/2395] (as in force as at the day immediately before the day the class order was repealed)
7.	ASIC Class Order [CO 99/90] (as in force as at the day immediately before the day the class order was repealed)
8.	ASIC Class Order [CO 00/2449]
9.	ASIC Corporations (Stapled Group Reports) Instrument 2015/838	ASIC Class Order [CO 05/642] (as in force as at the day immediately before the day the class order was repealed)
10.	ASIC Corporations (Post Balance Date Reporting) Instrument 2015/842	ASIC Class Order [CO 05/644] (as in force as at the day immediately before the day the class order was repealed)
11.	ASIC Corporations (Related Scheme Reports) Instrument 2015/839	ASIC Class Order [CO 06/441] (as in force as at the day immediately before the day the class order was repealed)
12.	ASIC Corporations (Share and Interest Purchase Plans) Instrument 2019/547	ASIC Class Order [CO 09/425] (as in force as at the day immediately before the day the class order was repealed)
13.	ASIC Class Order [CO 10/321] (as in force as at the day immediately before the day the class order was repealed)
14.	ASIC Corporations (Sale Offers: Securities Issued on Conversion of Convertible Notes) Instrument 2016/82	ASIC Class Order [CO 10/322] (as in force as at the day immediately before the day the class order was repealed)
15.	ASIC Corporations (Parent Entity Financial Statements) Instrument 2021/195	ASIC Class Order [CO 10/654] (as in force as at the day immediately before the day the class order was repealed)
16.	ASIC Class Order [CO 13/1050]
17.	ASIC Corporations (Extended Reporting and Lodgment Deadlines—Listed Entities) Instrument 2020/451
18.	an order under section 340 to the extent it relieves the entity, or any person as director or auditor of the entity, from the requirements of subsection 323D(3).