Federal Register of Legislation - Australian Government

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ASIC Class Order [CO 02/0252]

Authoritative Version
  • - F2006B01460
  • No longer in force
CO 02/252 Orders/ASIC Class Orders as made
This Class Order varies ASIC Class Order [CO 00/183].
Administered by: Treasury
General Comments: This Class Order was originally made under subsection 741(1) of the Corporations Law and is continued in force under section 1399 of the Corporations Act 2001. This instrument was published in the Australian Securities and Investments Commission Gazette on 12 March 2002.
Registered 07 Sep 2006
Gazetted 12 Mar 2002
Date of repeal 09 Aug 2013
Repealed by Treasury (Spent and Redundant Instruments) Repeal Regulation 2013

Australian Securities and Investments Commission

Corporations Act 2001 - Subsection 741(l) -Variation

 

Under subsection 741(1) of the Corporations Act 2001 and with effect from the commencement of Schedule 1 to the Financial Services Reform Act 2001, the

Australian Securities and Investments Commission hereby varies Class Order [00/183] by:

 

1.                       omitting from the heading the word "Law" and substituting the words "Act 2001";

2.                       omitting from the first paragraph:

(a)          the words "Corporations Law (the "Law")" and substituting the words "Corporations Act 2001 (the "Act")"; and

(b)          the word "Law" (third and fourth occurring) and substituting the word "Act";

3.                       omitting from the second paragraph:

 

(a)          the word "Law" (wherever occurring) and substituting the word "Act"; and

(b)          the word "Australia" and substituting the words "this jurisdiction";

 

4.                       omitting from Schedule A the word "exchange" and substituting the word "market";

5.                       omitting from paragraph (b) of Schedule B the word "Australia" and substituting the words "this jurisdiction";

6.                       omitting from paragraph (d) of Schedule B the word "exchange" and substituting the word "market";

7.                       omitting paragraph (f) of Schedule B and substituting the following paragraph:

 

"(f)       which complies with all legislative requirements in the place of the location of the approved foreign market and the operating rules of that market, or if more than one, the principal approved foreign market, on which the issuer's securities are quoted.";

8.                       omitting from subparagraph (c) of the paragraph under the heading "Interpretation" the word "exchange" (wherever occurring) and substituting the word "market";

9.                       omitting the whole of the paragraph under the heading "Interpretation" commencing with the words "Securities shall be taken to be quoted" and substituting the following paragraph:

"Securities shall be taken to be quoted on an approved foreign market if and only if quoted on:

 

 

(a)        American Stock Exchange, Deutsche Borse, Euronext Amsterdam, Euronext Paris, Italian Exchange, Kuala Lumpur Stock Exchange (Main and Second Boards), London Stock Exchange, New York Stock Exchange, New Zealand Stock Exchange, Singapore Exchange, Stock Exchange of Hong Kong, Swiss Exchange, Tokyo Stock Exchange or Toronto Stock Exchange, provided that unless otherwise expressly stated, if any such market involves more than one board on which securities are quoted, securities shall only be taken to be quoted on that market if quoted on the main board of that market; or

 

(b)        NASDAQ National Market.";

 

10.                   omitting the whole of the paragraph under the heading "Interpretation." commencing with the words "Securities shall be taken to have been quoted" and substituting the following paragraph:

 

"Securities shall be taken to have been quoted on an approved foreign market throughout the 36 month period preceding an offer if and only if,

 

(a)        the securities were first quoted on that market (irrespective of whether it was then known by another name) not less than 36 months prior to that offer; and

 

(b)        during that 36 month period those securities have been suspended from trading on that market for an aggregate period of not more than 5 trading days."; and

 

11.                               adding immediately before the date of the instrument the following note:

 

"Note:        In this instrument, "this jurisdiction" means Australia: Act, ss 5 and 9 (definition of "this jurisdiction")."

 

Dated this 2nd day of March 2002

 

 

 

Signed by Brendan Byrne

as a delegate of the Australian Securities and Investments Commission