Document ID: chunk:federal_register_of_legislation:F2023C00208:reg:17:p2
Version: federal_register_of_legislation:F2023C00208
Segment Type: reg
Provision Reference: reg 17 (pt 2/14)
Character Range: 4037–6885

market operator has given a notice of suspension or cancellation to the ETF market maker—give a copy of the notice to ASIC within 28 days of receiving the notice;
                  (f) if the operator of the scheme or the foreign company has given a notice of suspension or cancellation to the ETF market maker in relation to the exchange traded fund or managed fund—give a copy of the notice to ASIC within 28 days of receiving the notice;
                  (g) if the ETF market maker no longer seeks to rely on subsection (4A) in relation to an exchange traded fund or a managed fund or a class of exchange traded funds or managed funds—give a notice of cessation to ASIC.
            (4C) Subsection (4A) does not apply to an ETF market maker in relation to an exchange traded fund or a managed fund if ASIC has given a notice of exclusion to the ETF market maker and has not withdrawn it.
            (4D) In subsections (4A) to (4C):
                  (a) exchange traded fund (or ETF) means a scheme or foreign company that satisfies all of the following:
                     (a) is:
                         (i) a registered scheme or a managed investment scheme that is not required to be registered under Chapter 5C; or
                         (ii) a foreign company which has the economic features of a managed investment scheme and is an open-ended investment company registered with the U.S. Securities and Exchange Commission under the Investment Company Act 1940 of the United States of America;
                     (b) interests in the scheme or securities of the foreign company are in a class that are able to be traded on a financial market operated by ASX Limited or Cboe Australia Pty Ltd;
                     (c) the operator of the scheme or the foreign company has the power and approval to issue interests or securities in that class on any day that those interests or securities are able to be traded on the relevant financial market;

                     (d) the operator of the scheme or the foreign company allows applications for and redemptions of interests or securities in that class;

                     (e) the price or value of the financial product, index, currency, commodity or other thing that the scheme or foreign company invests in or tracks is continuously disclosed or can be immediately ascertained;

                     (f) the name of the scheme or foreign company does not contain the expression "managed fund" or "hedge fund".
                  ETF market maker, in relation to interests in, or securities of, an exchange traded fund or a managed fund that is able to be traded on a financial market operated by ASX Limited or Cboe Australia Pty Ltd, means a person who:
                     (a) holds an Australian financial services licence that covers making a market in the interests