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:

“(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 03/634].

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”.

Dated this 5th day of November 2012

Signed by Grant Moodie

as a delegate of the Australian Securities and Investments Commission