Document ID: chunk:federal_register_of_legislation:F2024L00305:body:0:p8
Version: federal_register_of_legislation:F2024L00305
Segment Type: other
Provision Reference: 
Character Range: 17396–19415

if a member of an ETF that has an acquisition and withdrawal facility does not have a relevant interest in securities that form part of ETF property because of subsection 609(10A) (as affected by paragraph (a)), then the member is taken to have a relevant interest in the securities that would be transferred to the member if:
                     (i) the member made a withdrawal request under the acquisition and withdrawal facility for all their interests or shares in the ETF, other than any interests or shares in relation to which the member has a relevant interest in securities that form part of ETF property because of subsection 609(10C); and
                     Note: Subsection 609(10C) may give a member a relevant interest in securities that form part of ETF property if the member has made a withdrawal request in relation to some or all of their interests or shares in the ETF.
                     (ii) the numbers and classes of securities transferred to the member under the facility for each interest or share in the ETF were the same as the numbers and classes of securities most recently disclosed to the member by the responsible entity or CCIV in relation to a withdrawal request for an interest or share under the facility.
(2) In subsection (1):
acquisition and withdrawal facility has the same meaning as in subsection 609(10F).
ETF has the same meaning as in ASIC Corporations (Relief to Facilitate Admission of Exchange Traded Funds) Instrument 2024/147.
ETF property has the same meaning as in subsection 609(10F).";
           (b) by inserting at the end of note 1 to subsection 671B(1):
"Section 671AA expands the normal concept of substantial holding and relevant interest in relation to exchange traded funds.";
           (c) by inserting at the end of subsection 672B(1):
                  "Note: Section 671AA expands the normal concept of relevant interest in relation to exchange traded funds.".

Part 4—Repeal

10 Repeal
This instrument is repealed at the start of 1 April 2029.