Document ID: chunk:federal_register_of_legislation:F2023C00832:body:0:p10
Version: federal_register_of_legislation:F2023C00832
Segment Type: other
Provision Reference: 
Character Range: 22819–26331

the purchase plan,
       except to the extent that the person is issued with shares or interests as a custodian under a custodian offer.
       (6) If:
(a) a notice given under subparagraph 7(f)(ii) is defective; and
(b) the issuer becomes aware of the defect in the notice within 12 months after the shares or interests are issued under the offer,
       the issuer must, within a reasonable time after becoming aware of the defect, give ASX a notice that sets out the information necessary to correct the defect.

9 Exemptions for other regulated persons
(1) A regulated person (within the meaning of section 1011B of the Act) other than the issuer, does not have to comply with Divisions 2 and 4 of Part 7.9 of the Act in relation to a purchase plan.
       (2) The regulated person may only rely on this exemption if the person has no reason to suspect that the issuer in relation to the purchase plan has not satisfied the requirements or complied with the conditions of this instrument.

Part 3—Transitional

10 Existing purchase plans

       (1) This section applies in relation to purchase plans covered by ASIC Class Order [CO 09/425] as in force immediately before its repeal.

       (2) The exemptions made under, and the requirements and conditions imposed by, ASIC Class Order [CO 09/425] as in force immediately before its repeal are made under and imposed by this section for a period of 6 months commencing on the date of repeal.

Endnotes

Endnote 1—Instrument history

Instrument number  Date of FRL registration      Date of commencement  Application, saving or transitional provisions
2019/547           28/8/2019 (see F2019L01114)   29/8/2019
2019/933           30/9/2019 (see F2019L01289)   1/10/2019             -
2019/1037          23/10/2019 (see F2019L01365)  24/10/2019            -
2020/290           1/4/2020 (see F2020L00376)    2/4/2020              -
2020/565           12/6/2020 (see F2020L00697)   2/10/2020             -
2021/799           22/9/2021 (see F2021L01310)   5/10/2021             -
2022/0940          14/11/2022 (see F2022L01459)  15/11/2022            -
2023/670           31/8/2023 (see F2023L01161)   1/9/2023

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 = repealed     rs. = repealed and substituted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 4 (definition of custodial or depository service)  rs. 2019/933
                                                           am. 2022/0940
Section 4 (definition of custodian)                        am. 2019/1037 and 2022/0940

Section 4 (definition of IDPS and IDPS-like scheme)        am. 2023/670
Subsection 6(2)                                            am. 2021/799
Subsection 6(4)                                            ad. 2022/0940
Section 7                                                  am. 2020/565 and 2022/0940

Subparagraph 7(a)(ii)                                      am. 2020/290
Paragraph 7(b) (note)                                      ad. 2022/0940
Sub-subparagraph 7(f)(ii)(C) (note)                        ad. 2022/0940
Sub-subparagraph 7(f)(ii)(D) (note)                        ad. 2022/0940
Section 8                                                  am. 2019/1037
Section 11                                                 am. 2020/290
                                                           rep. 2020/565