Document ID: chunk:federal_register_of_legislation:F2021C00656:body:0:p1
Version: federal_register_of_legislation:F2021C00656
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Character Range: 0–3282

IMMI 15/100

Migration (IMMI 15/100: Complying Investments) Instrument 2015

made under the Migration Regulations 1994

Compilation no. 1

Compilation date 1 July 2021

This compilation was prepared by the Department of Home Affairs on 7 July 2021 taking into account amendments up to Migration (Complying Investments) Amendment Instrument (LIN 21/041) 2021.
Contents

1 Name………………………………………………………………………………………… 3
4 Dictionary…………………………………………………………………………………… 3
4A Application and savings provisions……………………………………………………….... 4
5 Compliance with this instrument……………………………………………………………. 4
6 Value of required investments………………………………………………………………. 5
7 Timing of required investments……………………………………………………………... 5
8 Venture capital fund investments…………………………………………………………… 5
9 Emerging companies investments…………………………………………………………… 6
10 Balancing investments………………………………………………………………………. 8
11 General requirements………………………………………………………………………... 8
12 Allowable non compliance period…………………………………………………………. 10

1 Name
       This is the Migration (IMMI 15/100: Complying Investments) Instrument 2015.

3 Authority
       This instrument is made under regulation 5.19C of the Migration Regulations 1994.

4 Dictionary
Note A number of expressions used in this instrument are defined in the Regulations, including the following:
(a) AUD (Australian dollars);
(c) complying significant investment;
(d) member of the family unit.
       In this instrument:
Australian ADI has the same meaning as in the Corporations Act 2001.
Note ADI is short for authorised deposit taking institution
Australian financial services licence means a licence under section 913B of the Corporations Act 2001.
balancing investment: see section 10.
body has the same meaning as in the Corporations Act 2001.
derivative has the same meaning as in Chapter 7 of the Corporations Act 2001.
emerging companies investment: see section 9.
fund of funds means a managed investment fund that invests in other funds.
Note An investor can invest in managed investment funds through a fund of funds or investor directed portfolio service if the managed investment funds in which the fund of funds or investor directed portfolio service invests complies with the other requirements of the complying investment framework.
incorporated in Australia has the same meaning as in the Corporations Act 2001
Note The Corporations Act 2001 (section 9) defines incorporated in Australia and incorporated.
investor has the meaning given by regulation 5.19C of the Regulations
listed investment company has the same meaning as in the Income Tax Assessment Act 1997.
managed investment fund means any of the following (whether open or close ended):
          (a)   a managed investment scheme based only on interests:
               (i)                 that are not able to be traded on a financial market (within the meaning of section 767A of the Corporations Act 2001); and
               (ii)               for which no representation has been made to any member, or prospective member, of the managed investment scheme that the interests will be able to be traded on such a financial market;
          (b)   a listed investment company;
          (c)   a financial product mentioned in paragraph 764A(1)(d), (e) or (f) of the Corporations