Australian Securities and Investments Commission
Corporations Act 2001 — Paragraph 1020F(1)(c) — Variation
Enabling legislation
1. The Australian Securities and Investments Commission makes this instrument under paragraph 1020F(1)(c) of the Corporations Act 2001.
Title
2. This instrument is ASIC Class Order [CO 11/617].
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/.
Variation
4. ASIC Class Order [CO 11/576] is varied as follows:
(a) in subparagraph 4(a), omit notional subregulation 4(2), substitute:
“(2) This subregulation applies in relation to a financial product from the earlier of:
(a) the first occasion after 21 June 2011, a Product Disclosure Statement is given which:
(i) covers the product; and
(ii) contains a statement to the effect that it is prepared in accordance with Subdivision 4.2B or 4.2C of Division 4 of Part 7.9 of the Corporations Regulations 2001 (as applicable); or
(b) ASIC being given after 21 June 2011 a statement which is:
(i) to the effect that a Product Disclosure Statement covering the product has been prepared in accordance with Subdivision 4.2B or 4.2C of Division 4 of Part 7.9 of the Corporations Regulations 2001 (as applicable); and
(ii) made by or on behalf of the responsible person (within the meaning of subsection 1013A(3) of the Corporations Act 2001) for the Statement; and
(iii) in written or electronic form.”;
(b) omit subparagraph 4(b), substitute:
“(b) in item [17] of Schedule 1:
(i) after subitem 2(4) of Schedule 10D insert:
“(4A) The Product Disclosure Statement may also advise the person reading the Statement that it is prepared in accordance with Subdivision 4.2B of Division 4 of Part 7.9 of the Corporations Regulations 2001.”; and
(ii) after subitem 2(3) of Schedule 10E insert:
“(3A) The Product Disclosure Statement may also advise the person reading the Statement that it is prepared in accordance with Subdivision 4.2C of Division 4 of Part 7.9 of the Corporations Regulations 2001.””.
Dated this 24th day of June 2011
Signed by Stephen Yen PSM
as a delegate of the Australian Securities and Investments Commission