Federal Register of Legislation - Australian Government

Primary content

ASIC Class Order [CO 00/2449]

Authoritative Version
CO 00/2449 Orders/ASIC Class Orders as amended, taking into account amendments up to ASIC Class Order [CO 12/722]
Administered by: Treasury
Registered 20 Jun 2012
Start Date 12 Jun 2012
End Date 24 Sep 2016
Date of repeal 24 Sep 2016
Repealed by ASIC Corporations (Repeal) Instrument 2016/909

ASIC Class Order [CO 00/2449]

ASX Online — relief from paper form lodgment

This instrument has effect under s341(1),  655A(1),  669(1) and  673(1) of the Corporations Act 2001.

This compilation was prepared on 14 June 2012 taking into account amendments up to [CO 12/722]. See the table at the end of this class order.

Prepared by the Australian Securities and Investments Commission.

Australian Securities and Investments Commission
Corporations Act 2001 — Subsections  341(1),  655A(1),  669(1) and  673(1) — Exemption

Pursuant to subsections 341(1), 655A(1), 669(1) and 673(1) of the Corporations Act 2001 (the “Act”), the Australian Securities and Investments Commission (ASIC) hereby exempts, with effect from 1 January 2001, each person in the class of persons mentioned in Schedule A from each of the provisions mentioned in Schedule B, but only to the extent specified in that Schedule, on the conditions set out in Schedule C and for so long as those conditions are met.

SCHEDULE A — PERSONS EXEMPTED

Bodies which are included in the official list of ASX Limited (ASX) and wholly-owned subsidiaries of such bodies.

SCHEDULE B — PROVISIONS AFFECTED

A body to which this exemption applies is exempted from each of the following provisions of the Act:

(a)   subsection  323DA(1);

(b)   section  630;

(c)   steps 5, 8 and 14 of subsection  633(1);

(d)  paragraph  633(4)(a);

(e)   subsections  633(5),  633(6) and  633(7);

(f)   steps 2, 3, 8 and 10 of section  635;

(g)   paragraph  647(3)(b);

(h)   subsection  648E(2);

(i)    section  649C;

(j)    subsection  650F(3);

(k)   subsection  652C(3);

(l)    paragraph  661B(1)(d);

(m)  paragraph  662B(1)(d);

(n)   paragraph  663B(1)(d);

(o)   paragraph  664C(2)(d);

(p)   paragraph  664E(3)(d);

(q)   paragraph  665B(1)(e);

(r)   subsection  671B(1); and

(s)   subsection  671B(4).

but only to the extent, in each case, that such provision may require a document containing information which is required to be given or sent to ASX in its capacity as a market operator (Document) to be in paper form and may prevent that Document from being so given or sent by way of an electronic copy of it (electronic copy) through ASX Online.

SCHEDULE C — CONDITIONS

1.    Except as permitted by this exemption, the body must comply with each of the provisions mentioned in Schedule B as applicable.

2.    The body must retain a paper original of the electronic copy (paper copy) for a period of not less than 7 years from the date upon which the electronic copy is given or sent to ASX, and must make that paper copy available to ASIC or ASX upon request.

3.    Where the Document is required by the Act to be signed, the paper copy is signed in accordance with the Act.

4.    The electronic copy must be a substantially faithful copy of the paper copy, but for the fact that it may differ from the paper copy by the absence from the electronic copy of any original signature.

5.    At the time when the body gives or sends the electronic copy to ASX it is listed on ASX or is a wholly-owned subsidiary of a body that is listed on ASX.

6.    If a Body wishes or is required to lodge a Document electronically the Body must lodge it through ASX Online in accordance with ASX Guidance Note 20 – “ASX Online” issued on 12 June 2012.

Interpretation

In this instrument:

ASX Online means the electronic lodgment facility which enables bodies included in the official list of ASX to transmit documents to ASX electronically, which is available at https://www.asxonline.com, or such other address as may be notified by ASX from time to time.

Notes to ASIC Class Order [CO 00/2449]

Note 1

ASIC Class Order [CO 00/2449] (in force under s341(1), 655A(1), 669(1) and 673(1) of the Corporations Act 2001) as shown in this compilation comprises that Class Order amended as indicated in the tables below.

Table of Instruments

Instrument number

Date of making or FRLI registration

Date of commencement

Application, saving or transitional provisions

[CO 00/2449]

22/12/2000 (see F2006B01595)

22/12/2002

 

[CO 02/267]

4/3/2002 (see F2006B01596)

11/3/2002

-

[CO 12/722]

12/6/2012 (see F2012L01182)

12/6/2012

-

Table of Amendments

ad. = added or inserted     am. = amended     rep. = repealed     rs. = repealed and substituted

Provision affected

How affected

Class Order

Sch A..........................

am. [CO 02/267]

am. [CO 12/722]

Sch B..........................

am. [CO 12/722]

Sch C, para 6...............

rs. [CO 12/722]

Sch D..........................

rep. [CO 12/722]

Interpretation ..............

rs. [CO 12/722]