Document ID: chunk:federal_register_of_legislation:F2023C00839:body:0:p2
Version: federal_register_of_legislation:F2023C00839
Segment Type: other
Provision Reference: 
Character Range: 2789–5522

(ii) an associate of the responsible entity unless the issue is covered by subsection (12) or (13);
(c) either:
(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 all of the following apply:
(a) the responsible entity offers the interests to persons who are members of the scheme on a date not more than 20 business days before the date of the offer, in proportion to the value of each member's interests in the scheme at that date (subject to paragraph (g), interests offered to, but not acquired by, members may be issued to other persons);
(b) the responsible entity offers the interests to all members of the scheme, except those foreign members (if any) it has excluded under subsection (10);
(c) all the interests offered are in the same class;
(d) the price of all the interests offered is the same;
(e) the responsible entity reasonably believes that the amount by which the price of an interest is less than the amount that would otherwise apply under the constitution does not exceed a relevant maximum percentage specified in the constitution;
(f) the responsible entity offers the interests to the members at substantially the same time;
(g) the responsible entity only issues interests to its associates as members of the scheme or, in the case where the interests are in a class of interests that are quoted on the financial market operated by ASX Limited or an approved foreign market, in accordance with subsection (12).

           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 (other than options for the issue of interests) where all of the following apply:
(a) the interests are issued under an arrangement under which the whole or part of any money payable to a member under the constitution, by