Document ID: chunk:federal_register_of_legislation:F2024C00656:body:0:p2
Version: federal_register_of_legislation:F2024C00656
Segment Type: other
Provision Reference: 
Character Range: 2607–5195

as a disclosing entity in relation to the sub-fund, if the entity stops being a disclosing entity in relation to the sub-fund before the day 3 months after the end of the relevant financial year.
    Where relief applies
(2) The relief in subsection (1) is available where:
           (a) in the case of:
              (i) a company or scheme—the entity complies with Chapter 2M of the Act as if it had not been a disclosing entity at the end of the relevant financial year; and
              (ii) a retail CCIV—the retail CCIV complies with Chapter 2M of the Act in relation to the sub-fund as if it had not been a disclosing entity in relation to the sub-fund at the end of the relevant financial year; and
           (b) the directors of the entity resolve before the earlier of the days in paragraph (1)(a) or the day in paragraph (1)(b) (as relevant) that there are no reasons to believe that the entity may become a disclosing entity (or in the case of a retail CCIV, a disclosing entity in relation to the sub-fund) before the end of the financial year immediately after the relevant financial year.

6 Disclosing entities with short first financial years
Relief
       (1)          None of the following (each an entity) has to comply with sections 302 or 306 of the Act for a half-year within the entity's first financial year (the relevant financial year) where that year lasts for 8 months or less:

           (a) a company that is a disclosing entity;

           (b) a registered scheme that is a disclosing entity;

           (c) a retail CCIV that is a disclosing entity in relation to a sub-fund of the retail CCIV.
Where relief applies
(2) The relief in subsection (1) is available where:
(a) either:
(i) the entity:
(A) is listed; and
Note 1: A retail CCIV will be listed if its single sub-fund is included in such an official list even if the retail CCIV is not so included (see the definition of listed in section 9 of the Act).
Note 2: Neither a retail CCIV that has more than one sub-fund nor such a sub-fund may be listed: see section 1222N of the Act.
(B) gives to the operator of each prescribed financial market in relation to which the entity is listed a notice which explains the effect of this section and states that the entity intends to rely on it; or
(ii) the entity:
(A) is unlisted; and
(B) gives to ASIC a notice which states that the entity intends to rely on this section; and
           (b)     in the case of:
              (i) a company or scheme—the directors' report of the entity for the relevant financial year explains the effect of this