ASIC Corporations (Post Balance Date Reporting) Instrument 201/842

1 Section 1

Omit “201/842”, substitute “2015/842”.

2 Subsection 4(1) (definition of relevant entity)

After “registered scheme”, insert “, registrable superannuation entity”.

3 Subsection 5(1)

After “Part 2M.3 of the Act”, insert “, and a retail CCIV does not have to comply with Part 2M.3 of the Act in relation to a sub-fund,”.

4 Subparagraph 5(2)(a)(i)

After “relevant entity”, insert “or sub-fund (as the case may be)”.

5 Sub-subparagraph 5(2)(a)(i)(B)

After “relevant entity’s”, insert “or sub-fund’s (as the case may be)”.

ASIC Corporations (Disclosing Entities) Instrument 2016/190

6 Section 4 (definition of directors’ report)

Repeal the definition.

7 Section 4

Insert:

disclosing entity:

(a) a retail CCIV is a disclosing entity in relation to a sub-fund of the retail CCIV if any securities referable (within the meaning of subsection 1232F(2) of the Act) to the sub-fund are ED securities; and

(b) otherwise, disclosing entity has the same meaning as in section 9 of the Act.

8 Section 5 (heading)

Omit “Bodies or schemes”, substitute, “Entities”.

9 Subparagraph 5(1)(a)(ii)

Omit “year.”, substitute, “year; and”.

10 After subsection 5(1)

Insert:

(1A) A retail CCIV (the entity) that is a disclosing entity in relation to a sub-fund of the retail CCIV at the end of its financial year (the relevant financial year) does not have to comply with the requirements of Chapter 2M of the Act to the extent that those requirements apply to the entity as a disclosing entity in relation to the sub-fund, if the entity stops being a disclosing entity in relation to the sub-fund before the day 3 months after the end of the relevant financial year.

11 Paragraph 5(2)(a)

Repeal the paragraph, substitute:

(a) in the case of:

(i) a company or scheme—the entity complies with Chapter 2M of the Act as if it had not been a disclosing entity at the end of the relevant financial year; and

(ii) a retail CCIV—the retail CCIV complies with Chapter 2M of the Act in relation to the sub-fund as if it had not been a disclosing entity in relation to the sub-fund at the end of the relevant financial year; and

12 Paragraph 5(2)(b)

After “disclosing entity”, insert “(or in the case of a retail CCIV, a disclosing entity in relation to the sub-fund)”.

13 Subsection 6(1)

Repeal the subsection, substitute:

Relief

(1) None of the following (each an entity) has to comply with sections 302 or 306 of the Act for a half-year within the entity’s first financial year (the relevant financial year) where that year lasts for 8 months or less:

(a) a company that is a disclosing entity;

(b) a registered scheme that is a disclosing entity;

14 Sub-subparagraph 6(2)(a)(i)(A)

Repeal the sub-subparagraph, substitute:

(A) is listed; and

Note 1: A retail CCIV will be listed if its single sub-fund is included in such an official list even if the retail CCIV is not so included (see the definition of listed in section 9 of the Act).

Note 2: Neither a retail CCIV that has more than one sub-fund nor such a sub-fund may be listed: see section 1222N of the Act.

15 Sub-subparagraph 6(2)(a)(i)(B)

Omit “of which the entity is included on the official list”, substitute “in relation to which the entity is listed”.

16 Sub-subparagraph 6(2)(a)(ii)(A)

Omit “an unlisted disclosing entity”, substitute “unlisted”.

17 Paragraph 6(2)(b)

Repeal the paragraph, substitute:

(b) in the case of:

(i) a company or scheme—the directors’ report of the entity for the relevant financial year explains the effect of this section and states that the entity relied on it; and

(ii) a retail CCIV—the directors’ report of the retail CCIV in relation to the sub-fund for the relevant financial year explains the effect of this section and states that the retail CCIV relied on it in relation to the sub-fund.

ASIC Corporations (Rounding in Financial/Directors’ Reports) Instrument 2016/191

18 Section 4 (paragraph (e) of the definition of entity)

Omit the paragraph, substitute:

(e) a retail CCIV in relation to a sub-fund of the retail CCIV;

(f) a registrable superannuation entity.