Australian Securities and Investments Commission
Corporations Act 2001 – Subsections 741(1) and 1020F(1) – Variation

Enabling provisions

1. The Australian Securities and Investments Commission makes this instrument under subsections 741(1) and 1020F(1) of the Corporations Act 2001.

Title

2. This instrument is ASIC Class Order [CO 10/789].

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, s 4 (definition of register). The FRLI may be accessed at http://www.frli.gov.au/.

Variation

4. ASIC Class Order [CO 09/425] is varied by, in the definition of custodian in paragraph 14:

(a) in subparagraph (b)(i), after “Corporations Regulations 2001”, inserting “(the Regulations)”;

(b) after subparagraph (b)(i) inserting:

“(ia) paragraph 7.6.01(1)(na) of the Regulations; or”; and

(c) after subparagraph (b)(ii) inserting:

“(iia) ASIC Class Orders [CO 03/1099], [CO 03/1100], [CO 03/1101], [CO 03/1102], [CO 04/829] or [CO 04/1313]; or

(iib) an individual instrument of relief granted by ASIC to the person in terms similar to one of the class orders referred to in subparagraph (iia); or”.

Dated this 7th day of September 2010

Signed by Andrew Fawcett

as a delegate of the Australian Securities and Investments Commission