Document ID: chunk:federal_register_of_legislation:F2016L01946:body:0:p2
Version: federal_register_of_legislation:F2016L01946
Segment Type: other
Provision Reference: 
Character Range: 2703–5397

it reasonably believes that it complies with the listing rules of the ASX that apply to buy-backs as if:
(i) the scheme were a company included in the official list of the financial market of ASX; and
(ii) interests in the scheme were shares in the company; and
Note: The listing rules of ASX that apply to buy-backs include:
                   · Listing Rule 3.8A (company making a buy-back), including Appendix 3C: Announcement of buy-back; Appendix 3D: Change relating to buy-back; Appendix 3E: Daily notification; and Appendix 3F: Final notice; and
                   · Listing Rule 7.29 (pre-condition for an on-market buy-back); and
                   · Listing Rule 7.33 (purchase price under an on-market buy-back).
(c) must not dispose of the interests it buys back.
(4) Immediately after registration of the transfer to the responsible entity of the interests bought back, the interests are cancelled.

Buy-backs within the 10/12 limit
(5) If the responsible entity proposes to buy back an interest in the scheme within the 10/12 limit, the responsible entity must give a notice to ASX which:
(a) discloses the responsible entity's intention to buy back interests in the scheme within the 10/12 limit; and
(b) sets out:
(i) the number of interests in the scheme held by the responsible entity and any associate of the responsible entity; and
(ii) the source of funds to pay for any interests bought back.
(6) The responsible entity:
(a) must not buy back an interest for at least 14 days after giving the notice; and
(b) must start buying back interests:
(i) if a date is specified in the notice by which the responsible entity will start to buy back interests—by that date; or
(ii) otherwise—within 2 months of the date of the notice; and
Note: If the responsible entity does not start buying back interests within the period referred to in paragraph (b) but the responsible entity wishes to proceed with the buy-back, it will need to give another notice to ASX in accordance with subsection (5).
(c) must not buy back an interest which would exceed the 10/12 limit except in accordance with subsection (8).
(7) The responsible entity may buy back an interest in the scheme for a period of 12 months from the date of the giving of the notice. If the responsible entity proposes to buy back an interest in the scheme beyond that period it must give ASX a further notice:
(a) disclosing the responsible entity's intention to continue to buy back interests; and
(b) setting out the matters referred to in paragraph (5)(b).
           Each notice extends the period in which the responsible entity may continue to buy back interests in the scheme by 12 months provided it is given to ASX