Document ID: chunk:federal_register_of_legislation:F2023C00837:body:0
Version: federal_register_of_legislation:F2023C00837
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ASIC Corporations (IDPS—Relevant Interests) Instrument 2015/1067

About this compilation

Compilation No. 1

This is a compilation of ASIC Corporations (IDPS—Relevant Interests) Instrument 2015/1067 as in force on 1 September 2023. 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 Relevant interests and operators of IDPSs
Endnotes
Endnote 1—Instrument history
Endnote 2—Amendment history

Part 1—Preliminary

1 Name of legislative instrument
This instrument is ASIC Corporations (IDPS—Relevant Interests) Instrument 2015/1067.

3 Authority
This instrument is made under subsections 655A(1) and 673(1) of the Corporations Act 2001.

4 Definitions
In this instrument:
Act means the Corporations Act 2001.

Part 2—Declaration

5 Relevant interests and operators of IDPSs
    Chapters 6 and 6C of the Act apply to all persons as if section 609 of the Act were modified or varied by inserting the following subsections in the appropriate numerical position:

    "IDPS operators
         (17A) A person does not have a relevant interest in securities merely because the person:
            (a) is the operator of an IDPS; or
            (b) is involved in the operation of an IDPS and is a financial services licensee or a representative (within the meaning of section 910A) of a financial services licensee;
         and under the terms of the IDPS:
            (c) holds the securities; or
            (d) has a discretion in relation to the disposal of the securities.
         (17B) Subsection (17A) does not apply to a person if ASIC has given a notice in writing to the person stating that subsection (17A) does not apply to the person and has not withdrawn that notice.
         (17C) In subsection (17A), IDPS and operator have the same meaning as in subsection 912AD(42).".
         Note: Notional subsection 912AD(42) of the Act is inserted by ASIC Corporations (Investor Directed Portfolio Services) Instrument 2023/669.
.

Endnotes

Endnote 1—Instrument history

Instrument number  Date of FRL registration      Date of commencement  Application, saving or transitional provisions
2015/1067          14/12/2015 (see F2015L01990)  15/12/2015
2023/670           31/8/2023 (see F2023L01161)   1/9/2023

Endnote 2—Amendment history
ad. = added or inserted     am. = amended     LA = Legislation Act 2003    rep. = repealed     rs. = repealed and substituted
Provision affected   How affected
Section 2            rep. s48D LA
Section 5 (note)     am. 2023/670