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ASIC Class Order [CO 04/1568]

Authoritative Version
  • - F2006B01242
  • No longer in force
CO 04/1568 Orders/ASIC Class Orders as made
This Class Order varies ASIC Class Order [CO 02/294].
Administered by: Treasury
General Comments: This Class Order was published in the Australian Securities and Investments Commission Gazette on 21 December 2004.
Registered 11 Dec 2006
Gazetted 21 Dec 2004
Date of repeal 09 Aug 2013
Repealed by Treasury (Spent and Redundant Instruments) Repeal Regulation 2013

Australian Securities and Investments Commission
Corporations Act 2001 — Paragraphs 601QA(1)(a), 741(1)(a), 992B(1)(a) and 1020F(1)(a) — Variation

 

Under paragraphs 601QA(1)(a), 741(1)(a), 992B(1)(a) and 1020F(1)(a) of the Corporations Act 2001 the Australian Securities and Investments Commission varies Class Order [CO 02/294] by:

1.       in paragraph 1:

(a)     in paragraph (b) of the definition of “IDPS Guide” after “document” where first appearing inserting “(other than a Supplementary IDPS Guide)”;

(b)     after the definition of “IDPS Guide” inserting:

Note: Even where a Supplementary IDPS Guide is given at the same time as an IDPS Guide that consists of more than one document, it is not treated as one of those documents. A Supplementary IDPS Guide is required to meet the specific identification requirements in paragraph (b) of the definition of Supplementary IDPS Guide.”; and

(c)     inserting after the definition of “rights issue”:

“Supplementary IDPS Guide” means a document:

(a)     by which a person who has prepared an IDPS Guide can:

(i)      correct a misleading or deceptive statement in the IDPS   Guide; or

(ii)      correct an omission from the IDPS Guide of information described in paragraph (2)(f); or

(iii)     update the information contained in the IDPS Guide; and

(b)     which has at the beginning:

(i)      a statement that it is a Supplementary IDPS Guide; and

(ii)      an identification of the IDPS Guide that it supplements; and

(iii)     a statement that it is to be read together with that IDPS Guide and any other specified Supplementary IDPS Guides; and

(c)     which is dated with the date on which the Supplementary IDPS Guide was prepared or the preparation was completed.”; and

2.       after subparagraph 2(g) inserting:

 

 

 

 

 

“(ga)  For the purposes of this instrument, if:

(i)      a person is given an IDPS Guide; and

(ii)     at the same time, or later, they are given a Supplementary IDPS Guide that supplements the IDPS Guide;

the IDPS Guide is taken, from when the Supplementary IDPS Guide is given to the person, to include the information and statements contained in the Supplementary IDPS Guide.” ; and

3.       in subparagraph 2(h) after “IDPS Guide” inserting “and any Supplementary IDPS Guide”.

Dated this 17th day of December 2004

 

 

Signed by Brendan Byrne
as a delegate of the Australian Securities and Investments Commission