Document ID: chunk:federal_register_of_legislation:F2023C00832:body:0:p6
Version: federal_register_of_legislation:F2023C00832
Segment Type: other
Provision Reference: 
Character Range: 12855–15351

a sub-fund of a retail CCIV or a retail CCIV is admitted to the official list of ASX, the retail CCIV does not have to comply with section 1012B or Division 4 of Part 7.9 of the Act in relation to:
(a) an offer of shares in the retail CCIV referable to the sub-fund for issue under a purchase plan; or
(b) an issue of shares in the retail CCIV referable to the sub-fund under a purchase plan.
       Note: Part 7.9 applies to CCIVs subject to modifications: see, in particular, section 1241Q.

7 Requirements
    The exemptions in subsections 6(2), (3) and (4) apply to a written offer for the issue of shares or interests and to the issue of shares or interests under such an offer where the following requirements are met at the time that the offer is made:
       (a) the shares or interests are in a class (the class) which:
(i) is quoted on the financial market operated by ASX; and
(ii) is not suspended from trading and was not suspended from trading on that market for more than a total of 5 days during the shorter of the period during which the class was quoted, and the period of 12 months before the day on which the offer is made;
       (b) a determination under subsection 708AA(3), 708A(2), 1012DAA(3) or 1012DA(2) of the Act is not in force in relation to the issuer;
           Note: Subsection 1012DAA(3) applies to CCIVs subject to modifications: see subsection 1241S(6).
       (c) no exemption under section 111AS or 111AT of the Act covered the issuer, or any person as director or auditor of the issuer, at any time in the shorter of the period during which the class was quoted, and the period of 12 months before the day on which the offer is made;
       (d) no order under section 340 or 341 of the Act (other than an excluded order) covered the issuer, or any person as director or auditor of the issuer, at any time in the shorter of the period during which the class was quoted, and the period of 12 months before the day on which the offer is made;
       (e) the offer document contains the following information:
(i) the method used to calculate the issue price and the time when this price will be determined; and
(ii) a statement describing the relationship between the issue price and the market price; and
(iii) disclosure of the risk that the market price may change between the date of the offer and the date when the shares or interests are issued to an applicant under the purchase plan, and the effect this would have on the price or value of the shares