Document ID: chunk:federal_register_of_legislation:F2022C01198:body:0:p3
Version: federal_register_of_legislation:F2022C01198
Segment Type: other
Provision Reference: 
Character Range: 5259–8236

"1223J Retail CCIV – Incorporating listing rules by reference
           "(1) Despite anything in this Subdivision, if:
              (a) a retail CCIV or a sub-fund of a retail CCIV is admitted to the official list of an eligible Australian market or the corporate director of the retail CCIV is proposing to seek such admission; and
              (b) a retail CCIV is required or permitted for the purposes of the listing rules of the eligible Australian market to include a listing rule consistency provision in its constitution;
           the constitution of the retail CCIV may include a listing rule consistency provision.
           (2) In this section:
                    eligible Australian market means a financial market operated by:
              (a) Sydney Stock Exchange Limited ACN 080 399 220; or
              (b) ASX Limited ACN 008 624 691.
           listing rule consistency provision means, in relation to a retail CCIV or a sub-fund of a retail CCIV, and an eligible Australian market, a provision in the constitution of the retail CCIV to the effect that if the retail CCIV or the sub-fund of the retail CCIV is admitted to the official list of the market:
              (a) notwithstanding anything contained in the constitution, if the listing rules of the market prohibit an act being done, the act shall not be done; and
              (b) nothing contained in the constitution prevents an act being done that the listing rules of the market require to be done; and
              (c) if the listing rules of the market require an act to be done or not to be done, authority is given for that act to be done or not to be done (as the case may be); and
              (d) if the listing rules of the market require the constitution to contain a provision and it does not contain such a provision, the constitution is taken to contain that provision; and
              (e) if the listing rules of the market require the constitution not to contain a provision and it contains such a provision, the constitution is taken not to contain that provision; and
              (f) if any provision of the constitution is or becomes inconsistent with the listing rules of the market, the constitution is taken not to contain that provision to the extent of the inconsistency.".

Endnotes

Endnote 1—Instrument history

Instrument number  Date of FRL registration      Date of commencement  Application, saving or transitional provisions
2017/125           4/7/2017 (see F2017L00874     5/7/2017
2022/0940          14/11/2022 (see F2022L01459)  15/11/2022            -

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 3            am. 2022/0940
Section 5 (heading)  rs. 2022/0940
Section 6 (heading)  rs. 2022/0940
Section 7 (heading)  rs. 2022/0940
Section 8