This is the ASIC Corporations (Amendment) Instrument 2019/784.

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.

This instrument is made under subsections 601QA(1) and 1020F(1) of the Corporations Act 2001.

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

Schedule 1—Amendments

ASIC Corporations (Short Selling) Instrument 2018/745

1 Section 5 (notional subsection 1020B(4A) of the Act)

Omit notional paragraph 1020B(4A)(b), substitute:

(b) the sale is in the course of making a market in the shorted product on a financial market operated by ASX Limited or Chi-X Australia Pty Ltd.

2 Subsection 13(2)

Omit the subsection, substitute:

(2) Subsection (1) applies in relation to a sale of interests in, or securities of, an exchange traded fund or a managed fund by the ETF market maker in the course of making a market in those interests or securities on a financial market operated by ASX Limited or Chi-X Australia Pty Ltd.

ASIC Class Order [CO 13/655]

3 Paragraph 4(b) (notional subparagraph 601GAE(2)(a) of the Act)

Omit notional subparagraphs 601GAE(2)(a)(ii) and (iii), substitute:

(ii) for exchange traded funds or managed funds—are in a class of interests that are able to be traded on a financial market operated by ASX or Chi-X,

ASIC Class Order [CO 13/721]

4 Paragraph 9

Omit the paragraph, substitute:

9. A responsible entity of an exchange traded fund or a managed fund whose interests are in a class of interests that are able to be traded on a financial market operated by ASX or Chi-X, does not have to comply with section 1017B of the Act for as long as the conditions in paragraph 10 are met.

ASIC Class Order [CO 13/1200]

5 Paragraph 8(b)

Omit the paragraph, substitute:

(b) an interest in an exchange traded fund or a managed fund whose interests are in a class of interests that are able to be traded on a financial market operated by ASX or Chi-X;