Federal Register of Legislation - Australian Government

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ASIC Class Order [CO 09/626]

Authoritative Version
  • - F2009L03131
  • No longer in force
CO 09/626 Orders/ASIC Class Orders as made
This Class Order makes minor variations to ASIC Class Order [CO 98/98] and ASIC Class Order [CO 98/1418].
Administered by: Treasury
Registered 11 Aug 2009
Tabling HistoryDate
Tabled HR12-Aug-2009
Tabled Senate12-Aug-2009
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Repealed by Treasury (Spent and Redundant Instruments) Repeal Regulation 2013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 341(1) — Variation

 

 

Enabling legislation

 

1.       The Australian Securities and Investments Commission makes this instrument under subsection 341(1) of the Corporations Act 2001.

Title

2.       This instrument is ASIC Class Order [CO 09/626].

 

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/.

Variation

ASIC Class Order [CO 98/98]

4.       ASIC Class Order [CO 98/98] is varied as follows:

         

(a)     omit paragraph (b), substitute:

 

“(b)   unless the Company applied the relief available under this order in respect of the financial year immediately preceding the Relevant Financial Year, notice of the resolution mentioned in paragraph (a) signed by a director or company secretary is lodged with ASIC using Form 384 during the period commencing 3 months before the commencement of the Relevant Financial Year and ending 4 months after the end of the Relevant Financial Year; and”; and

 

(b)     omit subparagraph (c)(i), substitute:

 

“(i)     during the period commencing 3 months before the commencement of the first non-reliance year and ending 4 months after the end of the first non-reliance year; or”.

 

ASIC Class Order [CO 98/1418]

 

5.       ASIC Class Order [CO 98/1418] is varied by omitting paragraph (k) (excluding the heading to that paragraph) and substituting:

 

“(k)    Unless:

 

(i)      the Entity took advantage of the relief available under this order in respect of the financial year immediately preceding the Relevant Financial Year; and

 

(ii)     the Holding Entity of the Entity is the same for the Relevant Financial Year and the financial year immediately preceding it,

 

a notice signed by a director or secretary is lodged with ASIC using Form 389 within 4 months after the end of the Relevant Financial Year, containing a statement that the Entity has taken advantage of relief under this order together with the identity of the Holding Entity;”.

 

 

Dated this 6th day of August 2009

 

 

 

 

Signed by Stephen Yen PSM

as a delegate of the Australian Securities and Investments Commission