ASIC Corporations (Amendment) Instrument 2017/6

I, Grant Moodie, delegate of the Australian Securities and Investments Commission, make the following legislative instrument.

Date  24 August 2017

Grant Moodie

Contents

Part 1—Preliminary

1 Name of legislative instrument

2 Commencement

3 Authority

4 Schedule

Schedule 1—Amendments

ASIC Class Order [CO 08/10]

ASIC Class Order [CO 12/752]

ASIC Class Order [CO 13/655]

ASIC Class Order [CO 13/760]

ASIC Class Order [CO 13/761]

ASIC Class Order [CO 14/1000]

ASIC Corporations (Foreign Rights Issues) Instrument 2015/356

ASIC Corporations (Foreign Scrip Bids) Instrument 2015/357

ASIC Corporations (Foreign Securities—Publishing Notices) Instrument 2015/359

ASIC Corporations (Foreign Small-Scale Offers) Instrument 2015/362

ASIC Corporations (Managed investment product consideration) Instrument 2015/847

ASIC Corporations (Minimum Bid Price) Instrument 2015/1068

ASIC Corporations (Approved Foreign Financial Markets) Instrument 2015/1071

ASIC Corporations (Consents to Statements) Instrument 2016/72

Part 1—Preliminary

1 Name of legislative instrument

This is the ASIC Corporations (Amendment) Instrument 2017/6.

2 Commencement

This instrument commences on the later of:

(a) the date of its gazettal; and

(b) 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:

(a) under paragraph 911A(2)(l) and subsections 283GA(1), 601QA(1), 655A(1), 741(1), 926A(2), 992B(1) and 1020F(1) of the Corporations Act 2001; and

(b) for purposes of subsection 257B(7) and item 14(b) of the table in section 611 of the Corporations Act 2001.

4 Schedule

Each instrument that is specified in a Schedule to this instrument is amended as set out in the applicable items in the Schedule.

Schedule 1—Amendments

ASIC Class Order [CO 08/10]

1 Paragraph 11 (definition of approved foreign market)

Omit the definition, substitute:

approved foreign market has the meaning given by section 9 of the Act.

Note: The definition of approved foreign market is notionally inserted by ASIC Corporations (Definition of Approved Foreign Market) Instrument 2017/669.

ASIC Class Order [CO 12/752]

2 Section 4 (definition of approved foreign market in subsection 912AB(13))

Omit the definition, substitute:

approved foreign market has the meaning given by section 9.

Note: The definition of approved foreign market is notionally inserted by ASIC Corporations (Definition of Approved Foreign Market) Instrument 2017/669.

ASIC Class Order [CO 13/655]

3 Section 4 (definition of approved foreign market in subsection 601GAD(10))

Omit the definition, substitute:

approved foreign market has the meaning given by section 9.

Note: The definition of approved foreign market is notionally inserted by ASIC Corporations (Definition of Approved Foreign Market) Instrument 2017/669.

ASIC Class Order [CO 13/760]

4 Section 4 (definition of approved foreign market in subsection 912AA(11))

Omit the definition, substitute:

approved foreign market has the meaning given by section 9.

Note: The definition of approved foreign market is notionally inserted by ASIC Corporations (Definition of Approved Foreign Market) Instrument 2017/669.

ASIC Class Order [CO 13/761]

5 Section 4 (definition of approved foreign market in subsection 912AC(12))

Omit the definition, substitute:

approved foreign market has the meaning given by section 9.

Note: The definition of approved foreign market is notionally inserted by ASIC Corporations (Definition of Approved Foreign Market) Instrument 2017/669.

ASIC Class Order [CO 14/1000]

6 Table A, column 1 (definition of eligible financial market)

Omit paragraphs (b) to (p), substitute:

(b) an approved foreign market (see section 9 of the Act).

Note: The definition of approved foreign market is notionally inserted by ASIC Corporations (Definition of Approved Foreign Market) Instrument 2017/669.

ASIC Corporations (Foreign Rights Issues) Instrument 2015/356

7 Section 4 (definition of approved foreign market)

Omit the definition, substitute:

approved foreign market has the meaning given by section 9 of the Act.

Note: The definition of approved foreign market is notionally inserted by ASIC Corporations (Definition of Approved Foreign Market) Instrument 2017/669.

ASIC Corporations (Foreign Scrip Bids) Instrument 2015/357

8 Section 4 (definition of approved foreign market)

Omit the definition, substitute:

approved foreign market has the meaning given by section 9 of the Act.

Note: The definition of approved foreign market is notionally inserted by ASIC Corporations (Definition of Approved Foreign Market) Instrument 2017/669.

9 Section 4 (definition of eligible foreign country)

Omit the definition, substitute:

eligible foreign country means a country in which an approved foreign market is being operated.

Note: The definition of approved foreign market is notionally inserted by ASIC Corporations (Definition of Approved Foreign Market) Instrument 2017/669.

ASIC Corporations (Foreign Securities—Publishing Notices) Instrument 2015/359

10 Section 5 (definition of approved foreign market in subsection 734(7B))

Omit the subsection, substitute:

(7B) For the purposes of subsection (7A), approved foreign market has the meaning given by section 9.

Note: The definition of approved foreign market is notionally inserted by ASIC Corporations (Definition of Approved Foreign Market) Instrument 2017/669.

ASIC Corporations (Foreign Small-Scale Offers) Instrument 2015/362

11 Section 4 (definition of approved foreign market)

Omit the definition, substitute:

approved foreign market has the meaning given by section 9 of the Act.

Note: The definition of approved foreign market is notionally inserted by ASIC Corporations (Definition of Approved Foreign Market) Instrument 2017/669.

ASIC Corporations (Managed investment product consideration) Instrument 2015/847

12 Section 5 (definition of approved foreign market in subsection 601GAA(15))

Omit the definition, substitute:

approved foreign market has the meaning given by section 9.

Note: The definition of approved foreign market is notionally inserted by ASIC Corporations (Definition of Approved Foreign Market) Instrument 2017/669.

ASIC Corporations (Minimum Bid Price) Instrument 2015/1068

13 Section 5 (definition of approved financial market in subsection 621(4B))

Omit the definition, substitute:

approved financial market means:

(a) a prescribed financial market; and

(b) an approved foreign market (see section 9).

Note: The definition of approved foreign market is notionally inserted by ASIC Corporations (Definition of Approved Foreign Market) Instrument 2017/669.

ASIC Corporations (Approved Foreign Financial Markets) Instrument 2015/1071

14 Section 1 (name of legislative instrument)

Omit “ASIC Corporations (Approved Foreign Financial Markets) Instrument 2015/1071”, substitute “ASIC Corporations (Approved Foreign Markets—Buy-backs and Takeovers) Instrument 2015/1071”.

15 Section 4 (definition of eligible financial market)

Omit

16 Section 4 (definitions)

Insert in the appropriate alphabetical order:

approved foreign market has the same meaning as in section 5 of ASIC Corporations (Definition of Approved Foreign Market) Instrument 2017/669.

17 Section 5 (on-market buy-back on an overseas financial market)

Omit “eligible financial market”, substitute “approved foreign market”.

18 Section 6 (acquisition through a foreign listed company)

Omit “eligible financial market”, substitute “approved foreign market”.

ASIC Corporations (Consents to Statements) Instrument 2016/72

19 Section 5 (definition of approved financial market in subsection 636(3D))

Omit the definition, substitute:

approved financial market means:

(a) a prescribed financial market;

(b) an approved foreign market (see section 9);

(c) Chicago Board of Trade (also known as CBOT);

(d) Commodities Exchange (also known as COMEX);

(e) Euronext.liffe;

(f) ICE Futures Canada;

(g) ICE ENDEX;

(h) ICE Futures Europe;

(i) ICE Futures Singapore;

(j) ICE Futures U.S.;

(k) London Metal Exchange;

(l) NASDAQ PHLX (also known as PHLX);

(m) NASDAQ Futures (also known as NFX); and

(n) New York Mercantile Exchange (also known as NYMEX).

Note: The definition of approved foreign market is notionally inserted by ASIC Corporations (Definition of Approved Foreign Market) Instrument 2017/669.