Federal Register of Legislation - Australian Government

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ASIC Class Order [CO 08/781]

Authoritative Version
CO 08/781 Orders/ASIC Class Orders as made
This Class Order provides an exemption to a responsible person who has a Product Disclosure Statement (PDS) or supplementary PDS for warrants from the requirement to lodge an out-of-use notice with ASIC until all the warrants to which the PDS or supplementary PDS relates, cease to be available to be recommended or offered to new clients in a recommendation, issue or sale situation.
Administered by: Treasury
Registered 31 Oct 2008
Tabling HistoryDate
Tabled HR10-Nov-2008
Tabled Senate10-Nov-2008
Date of repeal 15 Mar 2019
Repealed by ASIC Corporations (Repeal) Instrument 2019/147

Australian Securities and Investments Commission
Corporations Act 2001 — Paragraph 1020F(1)(a) — Exemption

Enabling legislation

1.         The Australian Securities and Investments Commission makes this instrument under paragraph 1020F(1)(a) of the Corporations Act 2001 (the Act).

Title

2.         This instrument is ASIC Class Order [CO 08/781].

Commencement

3.         This instrument commences on the date it is registered under the Legislative Instruments Act 2003.

Note:          An instrument is registered when it is recorded on the Federal Register of Legislative Instruments (FRLI) in electronic form: see Legislative Instruments Act 2003, s 4 (definition of register).  The FRLI may be accessed at http://www.frli.gov.au/.

Exemption

4.         This exemption applies where:

(a)        a document has set out in it 2 or more Product Disclosure Statements or Supplementary Product Disclosure Statements for warrants; and

(b)        the responsible person for each Statement is the same.

5.         The responsible person for the Statements does not have to comply with subsection 1015D(2) of the Act in relation to any of the Statements for the event referred to in paragraph 1015D(2)(c) until all the warrants to which the Statements relate cease to be available to be recommended or offered to new clients in a recommendation, issue or sale situation.

Interpretation

6.         In this instrument:

document includes, in relation to a Product Disclosure Statement, 2 or more separate documents given at the same time which make up the Statement in accordance with section 1013L of the Act.

issue situation has the meaning given by subsection 1012B(2) of the Act.

recommendation situation has the meaning given by subsection 1012A(2) of the Act.

responsible person has the same meaning as in Division 2 of Part 7.9 of the Act (see subsection 1013A(3)).

sale situation has the meaning given by subsection 1012C(2) of the Act.

warrant has the meaning given by subregulation 1.0.02(1) of the Corporations Regulations 2001.

 

Dated this 28th day of October 2008

 

 

Signed by Stephen Yen, PSM
as a delegate of the Australian Securities and Investments Commission