Corporations Amendment Regulations 2010 (No. 10) (Cth)

Corporations Amendment Regulations 2010 (No. 10)¹

Select Legislative Instrument 2010 No. 332

I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Corporations Act 2001.

Dated 8 December 2010

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

DAVID BRADBURY

Parliamentary Secretary to the Treasurer

Name of Regulations

These Regulations are the Corporations Amendment Regulations 2010 (No. 10).

Commencement

These Regulations commence on the commencement of Schedule 1 to the Corporations Amendment (No. 1) Act 2010.

Amendment of Corporations Regulations 2001

Schedule 1 amends the Corporations Regulations 2001.

Schedule 1 Amendments

(regulation 3)

[1] After regulation 1.0.02

insert

1.0.02APrescribed financial market (Act s 9)

For the definition of prescribed financial market in section 9 of the Act, the following financial markets are prescribed:

(a)Australia Stock Exchange Limited;

(b)Bendigo Stock Exchange Ltd;

(c)National Stock Exchange of Australia Limited.

[2] Parts 2C.1 and 2C.2

substitute

Part 2C.1 Registers generally

Division 2C.1.1 Location of register

2C.1.01Form of notice

A notice to be lodged under subsection 172 (2) of the Act must be in a form approved by ASIC (if a form has been approved).

Division 2C.1.2 Right to inspect and get copies of register

2C.1.02Form of register

For subsection 173 (3) of the Act, a copy of a register must be provided as a delimited text file:

(a)produced by a commercially available spreadsheet or database application; and

(b)copied onto a CD-ROM or a USB portable memory device.

2C.1.03Improper purposes for getting copy of register

For paragraph 173 (3A) (b) of the Act, the following purposes are prescribed:

(a)soliciting a donation from a member of a company;

(b)soliciting a member of a company by a person who is authorised to assume or use the word stockbroker or sharebroker in accordance with section 923B of the Act;

(c)gathering information about the personal wealth of a member of a company;

(d)making an offer or invitation to which Division 5A of Part 7.9 of the Act applies.

Note Division 5A of Part 7.9 of the Act applies to unsolicited offers to purchase financial products off-market.

2C.1.04Information to be included in application for copy of register

For paragraph 173 (3A) (c) of the Act, the information that must be contained in an application is the name and address of the applicant.

Note An application must also state the purpose for accessing a copy of a register — see subsection 173 (3A) of the Act.

[3] Part 2C.3, heading

substitute

Division 2C.1.3 Use of information on registers by bodies corporate

[4] Regulation 2C.3.01

renumber as regulation 2C.1.05

[5] Schedule 4, after item 1

insert

1AA

Supply of copies for subsection 173 (3)

In addition:

250.00

(a) for each member about whom information is provided in excess of 5 000 members and up to 19 999 members

0.05

(b) for each member about whom information is provided at 20 000 members or more

0.01

[6] Schedule 4, item 3

omit

subsection 173 (3) or

Note

All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See