ASIC Corporations (School Enrolment Deposits) Instrument 2016/812

ASIC Corporations (School Enrolment Deposits) Instrument 2016/812

made under paragraphs 601QA(1)(a), 741(1)(a), 926A(2)(a), 992B(1)(a) and 1020F(1)(a) of the Corporations Act 2001

Compilation No. 3 

Compilation date: 27/03/2026

Includes amendments: F2026L00366

About this compilation

This compilation

This is a compilation of the ASIC Corporations (School Enrolment Deposits) Instrument 2016/812 that shows the text of the law as amended and in force on 27/03/2026 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).

Application, saving and transitional provisions

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Part 1—Preliminary

1 Name of legislative instrument

3 Authority

4 Interpretation

Part 2—Exemption

5 School enrolment deposits

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Part 1—Preliminary

1 Name of legislative instrument

This is the ASIC Corporations (School Enrolment Deposits) Instrument 2016/812.

3 Authority

This instrument is made under paragraphs 601QA(1)(a), 741(1)(a), 926A(2)(a), 992B(1)(a) and 1020F(1)(a) of the Corporations Act 2001.

4 Interpretation

In this instrument:

Act means the Corporations Act 2001.

school means an establishment in which children are given formal primary or secondary education.

school enrolment debenture means a debenture that is issued because a person deposits money with a person operating a school where:

(a) the making of the deposit is required as a condition of the enrolment of a child in the school; and

(b) the debenture is incidental to that enrolment.

school enrolment deposit scheme means a managed investment scheme in relation to which:

(a) the acquisition of an interest in the scheme is required as a condition of the enrolment of a child in a school; and

(b)  each interest in the scheme is incidental to that enrolment.

Part 2—Exemption

5 School enrolment deposits

Fundraising and managed investments exemptions

(1) A person who operates a school does not have to comply with any of the following:

(a) subsection 601ED(5) of the Act in relation to the operation of a school enrolment deposit scheme;

(b) Parts 6D.2 and 6D.3 of the Act in relation to an offer for the issue of a school enrolment debenture;

Note: This also means that the person will not be required to enter into a trust deed under section 283AA of the Act.

(c) 992A of the Act in relation to a school enrolment debenture or an interest in a school enrolment deposit scheme;

(d) Part 7.9 of the Act in relation to an interest in a school enrolment deposit scheme.

Licensing exemption

(2) A person providing financial services in relation to a school enrolment deposit scheme or a school enrolment debenture does not have to comply with subsection 911A(1) of the Act for the provision of those services.

Note: ASIC Corporations (Miscellaneous Technical Relief) Instrument 2026/115 provides relief from subsections 911A(1) and 911B(1) of the Act to a person who provides financial services on behalf of a person who does not need an Australian financial services licence because of an exemption made under section 926A of the Act.

Endnotes 

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history