Document ID: chunk:federal_register_of_legislation:F2023L01221:body:0:p3
Version: federal_register_of_legislation:F2023L01221
Segment Type: other
Provision Reference: 
Character Range: 5161–7934

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 entity may set the amount of the consideration to acquire interests that form part of stapled securities if the constitution contains adequate provision for the amount of the consideration to acquire the stapled securities or has provisions about the amount of the consideration to acquire the stapled securities that would be permitted by other subsections of this section or by section 601GAE if the stapled securities were interests in the registered scheme.
Schemes where there is limited or no pooling
(8) The responsible entity may set the amount of the consideration to acquire interests where the only contributions that may be used in common with or pooled with any other asset in the scheme are:
(a) money placed in an account with an ADI held as scheme property pending disbursement of the money to pay fees or expenses, acquire investments or carry on business; or
(b) not proprietary rights and no income in which a member has any interest is to be paid or worked out by dividing up a pool; or
(c)  used in common or pooled between joint tenants or tenants in common where:
(i) none of the tenants is the responsible entity or an associate of the responsible entity; and
(ii) each tenant is a person known to each other tenant before being offered an interest for issue or invited to offer to acquire an interest.
Forfeited interests
(9) The responsible entity may set the amount of consideration to acquire interests that have, in accordance with the constitution, been forfeited to the responsible entity on trust for members of the scheme where all or part of the amount (the outstanding amount) payable by the member in relation to the interest has not been paid when called and both of the following apply:
(a) on the payment of the outstanding amount, the interest would be in a class of interests that are quoted on the financial market operated by ASX;
(b) the sale of the forfeited interest is in accordance with section 254Q, other than subsections (1), (9), (10) and (13), as if the interests were shares, the scheme was the company and the responsible entity was each director of the company.
(10) For the purposes of this section:

       approved foreign market has the meaning given by section 9.

                  Note:  The definition of approved foreign market is notionally inserted by ASIC Corporations (Definition of Approved Foreign Market) Instrument 2017/669.

                  ASX means ASX Limited.

              foreign member means a member