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ASIC Corporations (Amendment) Instrument 2019/784

Authoritative Version
  • - F2019L01206
  • In force - Latest Version
Other as made
This instrument amends 4 primary instruments to grant relief which will facilitate quotation and trading of managed funds on the Chi-X market.
Administered by: Treasury
Registered 17 Sep 2019
Tabling HistoryDate
Tabled HR18-Sep-2019
Tabled Senate19-Sep-2019
To be repealed 05 Dec 2019
Repealed by Division 1 of Part 3 of Chapter 3 of the Legislation Act 2003
Table of contents.

Commonwealth Coat of Arms and ASIC logo

ASIC Corporations (Amendment) Instrument 2019/784

I, Jennifer Dolphin, delegate of the Australian Securities and Investments Commission, make the following legislative instrument.

 

Date                            13 September 2019

 

 

Jennifer Dolphin

 



Part 1—Preliminary

1        Name of legislative instrument

This is the ASIC Corporations (Amendment) Instrument 2019/784.

2        Commencement

This instrument commences on the day after it is registered on the Federal Register of Legislation.

Note:    The register may be accessed at www.legislation.gov.au.

3        Authority

This instrument is made under subsections 601QA(1) and 1020F(1) of the Corporations Act 2001.

4        Schedules

Each instrument that is specified in a Schedule to this instrument is amended as set out in the applicable items in the Schedule concerned.

 


Schedule 1—Amendments

ASIC Corporations (Short Selling) Instrument 2018/745

1        Section 5 (notional subsection 1020B(4A) of the Act)

Omit notional paragraph 1020B(4A)(b), substitute:

(b)     the sale is in the course of making a market in the shorted product on a financial market operated by ASX Limited or Chi-X Australia Pty Ltd.

2        Subsection 13(2)

Omit the subsection, substitute:

(2)     Subsection (1) applies in relation to a sale of interests in, or securities of, an exchange traded fund or a managed fund by the ETF market maker in the course of making a market in those interests or securities on a financial market operated by ASX Limited or Chi-X Australia Pty Ltd.

ASIC Class Order [CO 13/655]

3        Paragraph 4(b) (notional subparagraph 601GAE(2)(a) of the Act)

Omit notional subparagraphs 601GAE(2)(a)(ii) and (iii), substitute:

(ii)     for exchange traded funds or managed funds—are in a class of interests that are able to be traded on a financial market operated by ASX or Chi-X,

ASIC Class Order [CO 13/721]

4        Paragraph 9

Omit the paragraph, substitute:

9.       A responsible entity of an exchange traded fund or a managed fund whose interests are in a class of interests that are able to be traded on a financial market operated by ASX or Chi-X, does not have to comply with section 1017B of the Act for as long as the conditions in paragraph 10 are met.

ASIC Class Order [CO 13/1200]

5        Paragraph 8(b)

Omit the paragraph, substitute:

(b)     an interest in an exchange traded fund or a managed fund whose interests are in a class of interests that are able to be traded on a financial market operated by ASX or Chi-X;