Federal Register of Legislation - Australian Government

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ASIC Class Order [CO 09/1052]

Authoritative Version
  • - F2009L00020
  • No longer in force
CO 09/1052 Orders/ASIC Class Orders as made
This Class Order amends ASIC Class Order [CO 08/751] to remove references to the Corporations Act 2001 that will become obsolete.
Administered by: Treasury
Registered 08 Jan 2009
Tabling HistoryDate
Tabled HR03-Feb-2009
Tabled Senate03-Feb-2009
Date of repeal 11 Dec 2009
Repealed by ASIC Class Order [CO 09/1063]

Australian Securities and Investments Commission
Corporations Act 2001 — Subsection 1020F(1) — Variation

Enabling legislation

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


2.         This instrument is ASIC Class Order [CO 09/01052].


3.         The provisions of this instrument commence as follows:

(a)        paragraphs 1 to 3 commence on the day the instrument is registered under the Legislative Instruments Act 2003;

(b)        paragraph 4 commences on the commencement of Schedule 2 to the Corporations Amendment (Short Selling) Act 2008.

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/.


4.         Notional section 1020BC of the Act as set out in paragraph 4 of ASIC Class Order [CO 08/751] is varied as follows:

(a)        in subsection (6) omit the definition of short sale and the note under that definition, substitute:

short sale means a sale of section 1020B products where both of the following are satisfied:

(a)        at the time of the sale, the person making the sale has or, if the person is selling on behalf of another person, that other person has, a presently exercisable and unconditional right to vest the products in the buyer because of a securities lending arrangement entered into before that time;

(b)        subsection 1020BD(1A) applies to the sale whether or not any of subsections 1020BD(2) to (6) also apply to the sale.”;

(b)       omit subsection (7).


Dated this 5th day of January 2009





Signed by Camille Blackburn
as a delegate of the Australian Securities and Investments Commission