Federal Register of Legislation - Australian Government

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ASIC Class Order [CO 00/176]

Authoritative Version
CO 00/176 Orders/ASIC Class Orders as amended, taking into account amendments up to ASIC Class Order [CO 02/142]
Administered by: Treasury
Registered 13 Sep 2006
Start Date 11 Mar 2002
End Date 17 Mar 2016
Date of repeal 17 Mar 2016
Repealed by ASIC Corporations (Repeal) Instrument 2016/171

ASIC Class Order [CO 00/176]

Pre-prospectus market research

This instrument has effect under subsection 741(1) of the Corporations Act 2001.

This compilation was prepared on 4 October 2005 taking into account amendments up to [CO 02/142].

Prepared by the Australian Securities and Investments Commission.

Australian Securities and Investments Commission
Corporations Act 2001 — Subsection  741(1) — Exemption

Pursuant to subsection 741(1) of the Corporations Act 2001 (the  “Act”) the Australian Securities and Investments Commission (“ASIC”) hereby exempts the class of persons specified in Schedule A in the case specified in Schedule B from subsection  734(2) of the Act for so long as and on condition that:

1.    the offeror does not in aggregate publish more than 5,000 advertisements and statements of the type referred to in Schedule B;

2.    the offeror does not permit an organisation which it engages for the purpose of market research of the type permitted by this exemption (“the market research organisation”) to reveal to the offeror the names or addresses of any of the persons contacted for the purpose of such market research; and

3.    the offeror provides, and permits the market research organisation to provide, information (“prescribed matter”) to which subsection 734(2) would apply in relation to securities to persons only to the extent necessary to enable:

(a)   the market research organisation to conduct market research as mentioned in Schedule B; and

(b)   those persons to answer questions asked of them by the market research organisation for the purposes of that research.

SCHEDULE A

A corporation (an “offeror”) and an organisation in the business of conducting market research being an organisation engaged by (but not otherwise associated with) the offeror for the purpose of conducting market research (a “bona fide market research organisation”).

SCHEDULE B

An advertisement or statement:

(a)   which is published by the offeror or the bona fide market research organisation;

(b)   which contains prescribed matter in relation to an offer of securities for issue or sale to be made pursuant to a disclosure document to be lodged with ASIC which will state that the securities the subject of the disclosure document are, or will be, able to be traded on a financial market operated by Australian Stock Exchange Limited; and

(c)   which is published solely for the purpose of market research by a bona fide market research organisation to ascertain:

(i)    the number of copies of the disclosure document which should be printed in order to meet demand;

(ii)   to whom the intended offer should be marketed; and

(iii)   the type and extent of marketing which should be  undertaken.

 

 

 

Notes to ASIC Class Order [CO 00/176]

Note 1

ASIC Class Order [CO 00/176] (in force under subsection 741(1) of the Corporations Act 2001) as shown in this compilation comprises that Class Order amended as indicated in the Tables below.

Table of Instruments

Instrument number

Date of making or FRLI registration

Date of commencement

Application, saving or transitional provisions

[CO 00/176]

13/2/2000

13/2/2000

-

[CO 02/142]

6/2/2002

11/3/2002

-

Table of Amendments

ad. = added or inserted     am. = amended     rep. = repealed     rs. = repealed and substituted

Provision affected

How affected

Schedule B

am. [CO 02/142]

Class order

am. [CO 02/142]