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  • No longer in force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Repealed by Treasury (Spent and Redundant Instruments) Repeal Regulation 2013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.

Title

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

Commencement

 

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/.

 

Variation

 

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