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ASIC Class Order [CO 12/1209]

Authoritative Version
CO 12/1209 Orders/ASIC Class Orders as amended, taking into account amendments up to ASIC Class Order [CO 13/854]
Administered by: Treasury
Registered 15 Oct 2013
Start Date 04 Oct 2013

ASIC Class Order [CO 12/1209]

Relevant interests, ASIC and ASIC Chairperson

This instrument has effect under s655A(1)(b), 669(1)(b) and 673(1)(b) of the Corporations Act 2001.

This compilation was prepared on 4 October 2013 taking into account amendments up to [CO 13/854]. 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 — Paragraphs 655A(1)(b), 669(1)(b) and 673(1)(b) — Declaration

Enabling legislation

1.    The Australian Securities and Investments Commission makes this instrument under paragraphs 655A(1)(b), 669(1)(b) and 673(1)(b) of the Corporations Act 2001 (the Act).

Title

2.    This instrument is ASIC Class Order [CO 12/1209].

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, section 4 (definition of register). The FRLI may be accessed at http://www.frli.gov.au/.

Declaration

4.    Chapters 6 and 6C of the Act applies to all persons as if section 609 of the Act were modified or varied by, after notional subsection (13), inserting:

 

ASIC

(14)   Subject to subsection (15), ASIC does not have a relevant interest in securities.

(15)   ASIC may have a relevant interest in securities if:

(a)   the securities are vested in, or held by, ASIC for and on behalf of the Commonwealth; or

(b)   the securities are vested in, or held by, the Commonwealth on trust.

(16)   To avoid doubt, the Chairperson of ASIC does not have a relevant interest in securities merely because ASIC has a relevant interest in securities and the Chairperson holds that office.”.

Note:  Notional subsection 609(13) of the Act is inserted by ASIC Class Order [CO 13/520].

5.    Chapters 6, 6A and 6C of the Act apply to all persons as if subsection 12(2) of the Act were modified or varied by, after “if, and only if,” inserting “neither of the persons is ASIC and”.

 

 

Notes to ASIC Class Order [CO 12/1209]

Note 1

ASIC Class Order [CO 12/1209] (in force under s655A(1)(b), 669(1)(b) and 673(1)(b) 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  FRLI registration

Date of commencement

Application, saving or transitional provisions

[CO 12/1209]

8/11/2012 (see F2012L02157)

8/11/2012

 

[CO 13/854]

4/10/2013  (see F2013L01766)

4/10/2013

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Table of Amendments

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

Provision affected

How affected

Para 4..........................

am. [CO 13/854]