Document ID: chunk:federal_register_of_legislation:F2021C01033:body:0:p2
Version: federal_register_of_legislation:F2021C01033
Segment Type: other
Provision Reference: 
Character Range: 2755–4331

the Act.

7 Relief from hawking prohibition
An interest in a property rental scheme is exempt from section 992A of the Act.

8 Relief from disclosure provisions
An interest in a property rental scheme is exempt from Divisions 2 to 4 of Part 7.9 of the Act.
Note 1: The provision of the relief in sections 5 to 8 should not be taken to imply that the ordinary business of real estate agents in leasing or managing property generally or necessarily involves a managed investment scheme.  This will not be the case where, for example, the owner of the property has day to day control through being able to give directions to their agent.  The relief is provided for the avoidance of doubt and to provide legal certainty.
Note 2: Conditional relief in relation to arrangements involving a serviced apartment, hotel, motel or resort complex is given by ASIC Corporations (Serviced Apartment and Like Schemes) Instrument 2016/869.

Endnotes

Endnote 1—Instrument history

Instrument number  Date of FRL registration     Date of commencement  Application, saving or transitional provisions
2016/870           23/9/2016 (see F2016L01474)  28/9/2016
2017/580           3/7/2017 (see F2017L00871)   4/7/2017              -
2021/799           22/9/2021 (see F2021L01310)  5/10/2021             -

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 = repealed     rs. = repealed and substituted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 6 (note)     am. 2017/580
Section 7            am. 2021/799