Document ID: chunk:federal_register_of_legislation:F2023C00832:body:0:p1
Version: federal_register_of_legislation:F2023C00832
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Character Range: 0–2999

ASIC Corporations (Share and Interest Purchase Plans) Instrument 2019/547

About this compilation

Compilation No. 7

This is a compilation of ASIC Corporations (Share and Interest Purchase Plans) Instrument 2019/547 as in force on 1 September 2023. It includes any commenced amendment affecting the legislative instrument to that date.

This compilation was prepared by the Australian Securities and Investments Commission.

The notes at the end of this compilation (the endnotes) include information
about amending instruments and the amendment history of each amended provision.

Contents

Part 1—Preliminary
1 Name of legislative instrument
3 Authority
4 Definitions
5 Interpretation
Part 2—Exemptions
6 Exemptions for issuers
7 Requirements
8 Conditions
9 Exemptions for other regulated persons
Part 3—Transitional
10 Existing purchase plans
Endnotes
Endnote 1—Instrument history
Endnote 2—Amendment history

Part 1—Preliminary

1 Name of legislative instrument
This is the ASIC Corporations (Share and Interest Purchase Plans) Instrument 2019/547.

3 Authority
This instrument is made under subsections 741(1) and 1020F(1) of the Corporations Act 2001.

4 Definitions
In this instrument:
Act means the Corporations Act 2001.
ASX means ASX Limited.
       current and previous plan purchases, in relation to an application for shares or interests under a purchase plan, means:
           (a) the shares or interests the subject of the application;
           (b) any other shares or interests in the class applied for under the purchase plan or any shares or interests in the class issued under a similar arrangement in the 12 months before the application;
           (c) any other shares or interests in the class which the holder has instructed a custodian to acquire on their behalf under the purchase plan;
           (d) any other shares or interests in the class issued to a custodian under an arrangement similar to the purchase plan in the 12 months before the application as a result of an instruction given by the holder to the custodian or another custodian and which resulted in the holder holding beneficial interests in the shares or interests.
custodial or depository service has the meaning given by section 766E of the Act (disregarding subsection (3) of that section).
Note: Subsection 766E(3) is modified in relation to CCIVs: see section 1241E
custodian means a person that provides a custodial or depository service in relation to shares of a body or interests in a registered scheme and who:
           (a) holds an Australian financial services licence covering the provision of a custodial or depository service;
           (b) is exempt from the requirement to hold an Australian financial services licence covering the provision of a custodial or depository service;
(c) holds an Australian financial services licence covering the operation of an IDPS or is a responsible entity of an IDPS-like scheme;
(d) is a trustee of a self-managed superannuation fund or