Corporations Amendment Regulations 2000 (No. 6) (Cth)

Corporations Amendment Regulations 2000 (No. 6)

Statutory Rules 2000 No. 175

I, WILLIAM PATRICK DEANE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Corporations Act 1989.

Dated 5 July 2000

WILLIAM DEANE

Governor-General

By His Excellency’s Command

JOE HOCKEY

Minister for Financial Services and Regulation

Corporations Amendment Regulations 2000 (No. 6)1

Statutory Rules 2000 No. 1752

made under the

Corporations Act 1989

   

Contents

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1Name of Regulations

 These Regulations are the Corporations Amendment Regulations 2000 (No. 6).

2Commencement

 These Regulations commence on gazettal.

3Amendment of Corporations Regulations 1990

Schedule 1 amends the Corporations Regulations 1990.

Schedule 1Amendments

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(regulation 3)

[1]After regulation 5C.11.05

insert

5C.11.05ASchemes not required to be registered (Corporations Law s 601ED)

Subsection 601ED (2) of the Corporations Law has effect as if a managed investment scheme does not have to be registered if all the issues of interests in the scheme that have been made would not have needed disclosure to investors under Part 6D.2 of the Law if the scheme had been registered when the issues were made.

[2]Regulations 9.4.01 and 9.4.02

substitute

9.4.01Prescribed offences (Corporations Law s 1313)

 For paragraph (b) of the definition of prescribed offence in subsection 1313 (8) of the Corporations Law, an offence against a provision mentioned in Schedule 3 to the Corporations Law, to which a penalty of 5 penalty units applies, is prescribed.

9.4.02Prescribed penalties (Corporations Law s 1313)

For an offence prescribed by regulation 9.4.01 for which a person may be, or has been, given a notice under subsection 1313 (1) of the Corporations Law, the amount of the penalty is:

• (a)

  if the person is an individual — 1.25 penalty units; and

• (b)

  if the person is a body corporate — 6.25 penalty units.

[3]Schedule 1, after item 2

insert

3	Subparagraph 206F (1) (b) (i)	Notice to demonstrate why disqualification should not occur	5249
4	Subsection 206F (3)	Notice of disqualification from managing corporations	587

[4]Schedule 1, after Chapter 6 heading

insert

96	Subsection 671B (4)	Notice of initial substantial holder	603
97	Subsection 671B (4)	Notice of change of interests of substantial holder	604
98	Subsection 671B (4)	Notice of ceasing to be a substantial holder	605

[5]Schedule 2, after Form 553

insert

[6]Schedule 2, after Form 2501

insert

Notes

1. These Regulations amend Statutory Rules 1990 No. 455, as amended by 1991 Nos. 218, 219, 281, 341, 453, 478 and 479; Act No. 200, 1991; Statutory Rules 1992 Nos. 230, 281, 364, 395 and 450; 1993 Nos. 135, 207 and 277; 1994 Nos. 35, 108, 153, 221, 251, 302 and 430; 1995 Nos. 222, 344, 345 and 398; 1996 Nos. 26, 51, 55, 90, 205, 218 and 343; 1997 Nos. 10, 81, 102 and 142; 1998 Nos. 9, 22, 109, 128, 161, 185, 186, 239 and 293; 1999 Nos. 38, 47, 143, 212, 237 and 293; 2000 Nos. 11, 30, 31, 50 (disallowed by the Senate on 28 June 2000) and 78.

2. Made by the Governor-General on 5 July 2000, and notified in the Commonwealth of Australia Gazette