Federal Register of Legislation - Australian Government

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Other as amended, taking into account amendments up to ASIC Corporations (Amendment) Instrument 2020/565
This instrument modifies the operation of sections 708AA, 708A, 1012DAA and 1012DA of the Corporations Act 2001 by declaring that the sections apply as if the permissible total trading suspension days specified in the sections were 10 days instead of 5 days.
Administered by: Treasury
Registered 18 Aug 2020
Start Date 13 Jun 2020
End Date 23 Sep 2020
Date of repeal 01 Jan 2021
Repealed by Self Repealing
Table of contents.

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ASIC Corporations (Trading Suspensions Relief) Instrument 2020/289

 

About this compilation

 

Compilation No. 1

 

This is a compilation of ASIC Corporations (Trading Suspensions Relief) Instrument 2020/289 as in force on 13 June 2020. It includes any commenced amendment affecting the legislative instrument to that date.

 

This compilation was prepared by the Australian Securities and Investments Commission.

 

The notes at the end of this compilation (the endnotes) include information

about amending instruments and the amendment history of each amended provision.

 

 



Part 1—Preliminary

1        Name of legislative instrument

This is the ASIC Corporations (Trading Suspensions Relief) Instrument 2020/289.

2A     Repeal

This instrument is repealed at the end of the period of 6 months beginning on the day after it commenced.

3        Authority

This instrument is made under subsections 741(1) and 1020F(1) of Corporations Act 2001.

4        Definitions

In this instrument:

Act means the Corporations Act 2001.

regulated person has the meaning given by section 1011B of the Act.

relevant product has the same meaning as in subsections 1012DAA(1) and 1012DA(1) of the Act.

relevant securities has the same meaning as in subsections 708AA(1) and 708A(1) of the Act.

Part 2—Declaration

5        Quoted securities: rights issues that do not need disclosure

(1)     Chapter 6D of the Act applies to all persons as if paragraph 708AA(2)(c) of the Act were modified or varied by omitting “5 days” and substituting “10 days”.

(2)     This section 5 applies in relation to an offer of relevant securities for issue in a class of securities on a prescribed financial market on which they are quoted where the relevant securities in the class of securities in relation to which trading in the class was not suspended for more than 5 days during the period commencing on the day that is 12 months before the day on which the offer is made and ending on 19 March 2020.  

 

6        Quoted securities: sale offers that do not need disclosure

(1)     Chapter 6D of the Act applies to all persons as if paragraph 708A(5)(b) of the Act were modified or varied by omitting “5 days” and substituting “10 days”.

 (2)    This section 6 applies in relation to a sale offer of relevant securities in a class of securities on a prescribed financial market on which they are quoted where the relevant securities in the class of securities in relation to which trading in the class was not suspended for more than 5 days during the period commencing on the day that is 12 months before the day on which the relevant securities were issued and ending on 19 March 2020.  

7        Quoted financial products: rights issues for which a Product Disclosure Statement is not required

(1)     Part 7.9 of the Act applies in relation to regulated persons as if paragraph 1012DAA(2)(c) of the Act were modified or varied by omitting “5 days” and substituting “10 days”.

(2)     This section 7 applies in relation to an offer of a relevant product for issue in a class of financial products on a prescribed financial market on which they are quoted where the relevant product in the class of financial products in relation to which trading in the class was not suspended for more than 5 days during the period commencing on the day that is 12 months before the day on which the offer is made and ending on 19 March 2020.

8        Quoted financial products: Product Disclosure Statement not required for sale amounting to indirect issue

(1)     Part 7.9 of the Act applies in relation to regulated persons as if paragraph 1012DA(5)(b) of the Act were modified or varied by omitting “5 days” and substituting “10 days”.

(2)     This section 8 applies in relation to a sale offer of a relevant product in a class of financial products on a prescribed financial market on which they are quoted where the relevant product in the class of financial products in relation to which trading in the class was not suspended for more than 5 days during the period commencing on the day that is 12 months before the day on which the relevant product was issued and ending on 19 March 2020.


Endnotes

Endnote 1—Instrument history

Instrument number

Date of FRL registration

Date of commencement

Application, saving or transitional provisions

2020/289

1/4/2020 (see F2020L00377)

2/4/2020

 

2020/565

12/6/2020 (see F2020L00697)

13/6/2020

-

Endnote 2—Amendment history

ad. = added or inserted     am. = amended     LA = Legislation Act 2003    rep. = repealed     rs. = repealed and substituted

Provision affected 

How affected

Section 2

rep. s48D LA

Section 2A

ad. 2020/565