Document ID: chunk:federal_register_of_legislation:F2023L01221:body:0:p2
Version: federal_register_of_legislation:F2023L01221
Segment Type: other
Provision Reference: 
Character Range: 2762–5445

(i) the issue, together with any related issue in the previous year does not, immediately before the issue, comprise more than 15% of the interests in that class; or
(ii) all of the following apply:
(A) members who hold interests in the same class approve the issue by a placement resolution;
(B) unless the responsible entity reasonably considers that the issue will not adversely affect the interests of members in another class (if any)—members in that other class approve the issue by a placement resolution;
(C)  any notice convening a meeting to vote on the issue contains particulars of the use to be made of the money raised by the issue.
Rights issues
(3) The responsible entity may set the amount of the consideration to acquire interests where both of the following apply:
(a) the responsible entity offers the interests to persons who are members of the scheme on a date determined by the responsible entity, in proportion to the value of each member's interests in the scheme or, where the offer is made only to members who hold interests in a particular class of interest in the scheme, in that class of interest in the scheme at that date subject to the exclusion of any member from the offer where it is not a contravention of paragraph 601FC(1)(d);
(b) where the interests are to be issued on exercise of an option for the issue of interests and the responsible entity offers the option to persons who are members of the scheme on a date determined by the responsible entity, in proportion to the value of each member's interests in the scheme or, where the offer is made to members who hold interests in a particular class of interest in the scheme, in that class of interest in the scheme at that date subject to the exclusion of any member from the offer where it is not a contravention of paragraph 601FC(1)(d).
Interest purchase plans
(4) The responsible entity may set the amount of the consideration to acquire interests issued in accordance with ASIC Corporations (Share and Interest Purchase Plans) Instrument 2019/547.
Distribution reinvestment plans
(5) The responsible entity may set the amount of the consideration to acquire interests where the whole or part of any money payable to a member under the constitution, by way of distribution of capital or income, is applied in payment for the issue of interests in the scheme.
Negotiated fees
(6) The responsible entity may affect the amount of the consideration to acquire interests by applying a fee payable in connection with the issue that is permitted under the exemption provided in ASIC Corporations (Registered Schemes—Differential Fees) Instrument 2017/40.
Stapled securities
(7) The responsible