Document ID: chunk:federal_register_of_legislation:F2021C01043:body:0:p1
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ASIC Corporations (Charitable Investment Fundraising) Instrument 2016/813

About this compilation

Compilation No. 4

This is a compilation of ASIC Corporations (Charitable Investment Fundraising) Instrument 2016/813 as in force on 5 October 2021. 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
Part 2—Exemptions
5 Charitable investment fundraiser
6 People who advise on charitable fundraisers etc
7 Conditions
Part 3—Transitional
8 ASIC Class Order [CO 02/184]
9 ASIC Instrument 04/0024
Endnotes
Endnote 1—Instrument history
Endnote 2—Amendment history

Part 1—Preliminary

1 Name of legislative instrument
This is the ASIC Corporations (Charitable Investment Fundraising) Instrument 2016/813.

3 Authority
This instrument is made under paragraphs 283GA(1)(a), 601QA(1)(a), 741(1)(a), 926A(2)(a), 992B(1)(a), and 1020F(1)(a) of the Corporations Act 2001.

4 Definitions
In this instrument:
ACNC means the Australian Charities and Not-for-profits Commission.
Act means the Corporations Act 2001.
associate, in relation to a charitable investment fundraiser, means any of the following:

           (a) a body constituted by or under the authority of a decision of the charity or which is controlled by the charity;
           (b) a person or body that constituted the charity or under whose authority the charity was constituted or that controls the charity;

           (c) a charity with a charitable purpose (related charitable purpose) which is the same as or similar to the charity;

           (d) a person acting as a trustee of a trust for the charity or a charity with a related charitable purpose;

           (e) a member of clergy, employee or voluntary staff member who works for a person mentioned in any of paragraphs (a) to (d);

           (f) a person undertaking training or education to enable them to be a person mentioned in paragraph (e) who receives money or money's worth from a person mentioned in any of paragraphs (a) to (e).

       charitable investment fundraiser means a charity, or a trustee of a charity, that raises funds to support the charitable purposes of the charity through the issue of:
(a) debentures; or
(b) interests in a managed investment scheme.
           charitable purpose has the meaning given by the Charities Act 2013.
charity has the meaning given by the Charities Act 2013.
corresponding relief means, in relation to an exemption in a provision of this instrument, an exemption in any of the following:
(a) ASIC Class Order [CO 02/184] (as continued in force by section 8 and as in force at any time before commencement of this instrument);
(b) ASIC Instrument 04/0024 dated 15 January 2004 (as