Document ID: chunk:federal_register_of_legislation:F2017C00885:body:0:p1
Version: federal_register_of_legislation:F2017C00885
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ASIC Corporations (Foreign Small-Scale Offers) Instrument 2015/362

About this compilation

Compilation No. 1

This is a compilation of ASIC Corporations (Foreign Small-Scale Offers) Instrument 2015/362 as in force on 5 September 2017. It includes any commenced amendment affecting the legislative instrument to that date.

This compilation was prepared by the Australian Securities and Investments Commission.

The notes at the end of this compilation (the endnotes) include information
about amending instruments and the amendment history of each amended provision.

Contents

Part 1—Preliminary
1 Name of legislative instrument
3 Authority
4 Definitions
Part 2—Declaration
5 Small scale personal offers of foreign securities or interests
Endnotes
Endnote 1—Instrument history
Endnote 2—Amendment history

Part 1—Preliminary

1 Name of legislative instrument
This instrument is ASIC Corporations (Foreign Small-Scale Offers) Instrument 2015/362.

3 Authority
This instrument is made under section 741 and 1020F of the Corporations Act 2001.

4 Definitions
In this instrument:
Act means the Corporations Act 2001.
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.
       Australian offeree means a person who receives in this jurisdiction an offer or a recommendation to which section 1012A of the Act applies.
       foreign regulatory requirements, in relation to an offer of securities or interest in a managed investment scheme, means laws or operating rules (however described) that, as at the time of the offer, are in force in or in part of the primary foreign jurisdiction.
       offer of interests in a managed investment scheme means an offer to:
(a) issue the interests in the managed investment scheme; or
(b) arrange for the issue of the interests in the managed investment scheme.
       primary foreign jurisdiction:
(a) in relation to a foreign company, means:
              (i) the place of the approved foreign market on which the securities of the company are quoted; or
              (ii) if the securities of the company are quoted on more than one approved foreign market—the place of the approved foreign market on which the securities were first quoted; and
(b) in relation to a managed investment scheme operated by a foreign company, means:
              (i) the place of the approved foreign market on which interests in the scheme are able to be traded; or
              (ii) if the interests in the scheme are able to be traded on more than one approved foreign market—the place of the approved foreign market where it is reasonably expected that the most offers of securities will be received.

Part 2—Declaration

5 Small scale personal offers of foreign securities or interests
 (1) Chapter 6D of the Act applies to all persons as if the following provisions were modified or