Federal Register of Legislation - Australian Government

Primary content

ASIC Class Order [CO 10/789]

Authoritative Version
  • - F2010L02439
  • No longer in force
CO 10/789 Orders/ASIC Class Orders as made
This Class Order varies ASIC Class Order [CO 09/425] to extend the definition of “custodian” to cover entities that provide a custodial or depositary service under certain exemptions relieving them from the requirement to hold an Australian financial services (AFS) licence.
Administered by: Treasury
Registered 10 Sep 2010
Tabling HistoryDate
Tabled HR28-Sep-2010
Tabled Senate28-Sep-2010
Date of repeal 09 Aug 2013
Repealed by Treasury (Spent and Redundant Instruments) Repeal Regulation 2013


Australian Securities and Investments Commission
Corporations Act 2001 – Subsections 741(1) and 1020F(1) – Variation


Enabling provisions


1.       The Australian Securities and Investments Commission makes this instrument under subsections 741(1) and 1020F(1) of the Corporations Act 2001.


2.       This instrument is ASIC Class Order [CO 10/789].



3.       This instrument commences on the day 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/.




4.       ASIC Class Order [CO 09/425] is varied by, in the definition of custodian in paragraph 14:


(a)     in subparagraph (b)(i), after “Corporations Regulations 2001”, inserting “(the Regulations)”;


(b)     after subparagraph (b)(i) inserting:


“(ia)   paragraph 7.6.01(1)(na) of the Regulations; or”; and


(c)     after subparagraph (b)(ii) inserting:


“(iia)  ASIC Class Orders [CO 03/1099], [CO 03/1100], [CO 03/1101], [CO 03/1102], [CO 04/829] or [CO 04/1313]; or


(iib)   an individual instrument of relief granted by ASIC to the person in terms similar to one of the class orders referred to in subparagraph (iia); or”.



Dated this 7th day of September 2010



Signed by Andrew Fawcett

as a delegate of the Australian Securities and Investments Commission