Federal Register of Legislation - Australian Government

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Other as amended, taking into account amendments up to ASIC Corporations (Amendment) Instrument 2021/550
Administered by: Treasury
Registered 07 Jul 2021
Start Date 01 Jul 2021
Date of repeal 21 Sep 2023
Repealed by Treasury Laws Amendment (2023 Law Improvement Package No. 1) Act 2023
Table of contents.

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ASIC Corporations (Superannuation and Schemes: Underlying Investments) Instrument 2016/378

 

 

About this compilation

 

Compilation No. 1

 

This is a compilation of ASIC Corporations (Superannuation and Schemes: Underlying Investments) Instrument 2016/378 as in force on 1 July 2021. 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 (Superannuation and Schemes: Underlying Investments) Instrument 2016/378

3        Authority

This instrument is made under subsections 926A(2) and 951B(1) of the Corporations Act 2001.

4        Definitions

In this instrument:

Act means the Corporations Act 2001.

superannuation entity has the same meaning as in subsection 10(1) of the Superannuation Industry (Supervision) Act 1993.


Part 2—Exemptions

5        Licensing: Registrable superannuation entities

(1)    A person in the capacity of the trustee of a registrable superannuation entity does not have to comply with subsection 911A(1) of the Act for dealing in a financial product (other than an interest in the entity) in the ordinary course of operation of the entity.

(2)     The exemption in subsection (1) applies until 31 December 2022.

6        Financial Services Guides: superannuation entities and registered schemes

Superannuation entities

(1)     A person in the capacity of the trustee of a superannuation entity does not have to comply with the requirement in section 941A of the Act to the extent that it requires the trustee to provide a Financial Services Guide to a member of the entity for dealing by the trustee in financial products in the ordinary course of operation of the entity.

Registered schemes

(2)     A responsible entity of a registered scheme does not have to comply with the requirement in section 941A of the Act to the extent that it requires the responsible entity to provide a Financial Services Guide to a member of the scheme for dealing by the responsible entity in financial products in the ordinary course of operation of the scheme.

Endnotes

Endnote 1—Instrument history

Instrument number

Date of FRL registration

Date of commencement

Application, saving or transitional provisions

2021/550

18/6/2021 (see F2021L00780)

1/7/2021

 

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. LA s 48D

Section 4 (definition of public offer entity)

rep. 2021/550

Section 5

rs. 2021/550