Document ID: chunk:federal_register_of_legislation:F2018L00204:body:0:p1
Version: federal_register_of_legislation:F2018L00204
Segment Type: other
Provision Reference: 
Character Range: 0–3090

ASIC Corporations (Share and Interest Sale Facilities) Instrument 2018/99
I, Stephen Yen PSM, delegate of the Australian Securities and Investments Commission, make the following legislative instrument.
Date: 1 March 2018

Stephen Yen

Contents

Part 1—Preliminary
1 Name of legislative instrument
2 Commencement
3 Authority
4 Definitions
Part 2—Exemption
5 Exemptions for sale facility and related purchase facility
6 Conditions

Part 1—Preliminary

1 Name of legislative instrument
This is the ASIC Corporations (Share and Interest Sale Facilities) Instrument 2018/99.

2 Commencement
This instrument commences on the later of:
           (a) the day after it is registered on the Federal Register of Legislation; and
           (b) commencement of the ASIC Corporations (Amendment and Repeal) Instrument 2018/98.
Note: The register may be accessed at www.legislation.gov.au.

3 Authority
This instrument is made under subsections 601QA(1), 926A(2) and 1020F(1) of the Act.

4 Definitions
In this instrument:
Act means the Corporations Act 2001.
approved foreign market has the meaning given by section 9 of the Act.
           Note:   The definition of approved foreign market is notionally inserted by the ASIC Corporations (Definition of Approved Foreign Market) Instrument 2017/669.
broker means a participant in a licensed market or approved foreign market with whom the issuer has entered arrangements in relation to the operation of the sale facility or related purchase facility.
control transaction means a transaction or proposed transaction that affects the control, or potential control, of:
(a) where the financial products are shares—the issuer; or
(b) where the financial products are issued in a managed investment scheme—the managed investment scheme to which those interests relate.
       facility has, for the purposes of the definitions of related purchase facility and sale facility, a meaning affected by section 762C of the Act.
       issuer means the issuer of the financial products that may be issued or disposed of through the sale facility or related purchase facility.

       nominated electronic means has the same meaning as in section 761A of the Act as notionally modified or varied by the ASIC Corporations (Facilitating Electronic Delivery of Financial Services Disclosure) Instrument 2015/647.

       participating holder: see the definitions of related purchase facility and sale facility.
register of members means:
(a) in relation to a company or registered scheme—the register of members required to be set up and maintained under section 168 of the Act; and
(b) in relation to a foreign company—the register of members (however described) required to be kept under the laws of its place of origin.
       related purchase facility means a facility made available in conjunction with a sale facility, through which persons (participating holders) who hold financial products in the class of financial products to which the sale facility relates can acquire, by way of transfer, additional financial products in that class.
       sale