Federal Register of Legislation - Australian Government

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ASIC Class Order [CO 98/1808]

Authoritative Version
CO 98/1808 Orders/ASIC Class Orders as made
This Class Order provides relief from the requirement that a constitution of a registered scheme must be certain and complete by allowing a constitution to include a provision to the effect of Appendix 15A of the ASX Listing Rules as in force on 1 July 1998.
Administered by: Treasury
General Comments: This Class Order was originally made under paragraph 601QA(1)(b) of the Corporations Law and is continued in force under section 1399 of the Corporations Act 2001.
Registered 29 May 2007
Gazetted 03 Nov 1998
Date of repeal 05 Jul 2017
Repealed by ASIC Corporations (Amendment and Repeal) Instrument 2017/545

 

Australian Securities and Investments Commission

 

Corporations Law Paragraph 601QA(1)(b) – Declaration

 

Pursuant to paragraph 601QA(1)(b) of the Corporations Law (the Law) the Australian Securities and Investments Commission hereby declares that Chapter 5C of the Law applies to a responsible entity of a registered scheme and to the members of a registered scheme as if section 601GB were modified or varied by numbering the section as subsection (1) and inserting a new subsection (2) as follows:

 

"The constitution of a registered scheme may contain a provision to the effect of Appendix 15A of the listing rules of the Exchange as in force on 1 July 1998. For the purposes of this Part, the text of the constitution from time to time is to be taken to be as required by a provision to the effect of Appendix 15A if that provision is included in the constitution.  A change in the text of the constitution because of that provision is not a modification of, or the repeal and replacement of, the constitution for the purposes of subsections 601GC(1) and (2)."

 

 

Dated this 2nd day of October 1998

 

 

 

Signed by Brendan Byrne

as delegate of the Australian Securities and Investments Commission