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ASIC Corporations (Electronic Lodgment of Financial Reports) Instrument 2016/181

I, Stephen Yen PSM, delegate of the Australian Securities and Investments Commission, make the following legislative instrument.

Dated 24 March 2016

Stephen Yen

Part 1—Preliminary

1 Name of legislative instrument

This is the ASIC Corporations (Electronic Lodgment of Financial Reports) Instrument 2016/181.

2 Commencement

This instrument commences on the day after it is registered on the Federal Register of Legislation.

Note: The register may be accessed at www.legislation.gov.au.

3 Authority

This instrument is made under sections 341 and 352 of the Corporations Act 2001.

4 Definitions

In this instrument:

Act means the Corporations Act 2001.

eligible financial market means a financial market operated by:

(a) ASX Limited;

(b) National Stock Exchange of Australia Limited;

(d) Sydney Stock Exchange Limited.

eligible report means a report that a listed disclosing entity has to prepare or obtain under Division 1 or 2 of Part 2M.3 of the Act and includes a concise report provided to members under section 314 of the Act and an amended report within the meaning of section 322 of the Act.

Part 2—Approval

5 Electronic lodgment of reports with operators of eligible financial markets

(1) ASIC approves the electronic lodgment of an eligible report by a listed disclosing entity that is included in the official list of an eligible financial market.

(2) This approval applies where all the following are satisfied:

(a) the operator of the financial market is appointed as agent for ASIC to receive eligible reports electronically from listed disclosing entities;

(b) the eligible report is lodged with the operator electronically;

(c) the listed disclosing entity has adequate arrangements in place to ensure a signed copy of the eligible report is kept for a period of not less than 7 years from the time of electronic lodgment.

(3) This approval does not apply in relation to a financial year of a listed disclosing entity which is not a company or registered scheme.

Part 3—Order

6 Approved forms to accompany financial documents

For the avoidance of doubt, a listed disclosing entity that lodges an eligible report in accordance with the approval in section 5 does not have to comply with regulations 1.0.08 and 1.0.09 of the Corporations Regulations 2001 in relation to the eligible report.

Part 4—Savings and transitional

7 Application of this instrument and ASIC Class Order [CO 98/104]

ASIC Class Order [CO 98/104] continues to apply, despite its repeal, until the earlier of 1 October 2016 or when ASX Limited is appointed as agent for ASIC for the purposes of Part 2.

8 Application of this instrument and ASIC Class Order [CO 00/2451]

ASIC Class Order [CO 00/2451] continues to apply, despite its repeal until the earlier of 1 April 2017 or when ASX Limited is appointed as agent for ASIC for the purposes of Part 2.