Document ID: chunk:federal_register_of_legislation:F2021C01045:body:0:p11
Version: federal_register_of_legislation:F2021C01045
Segment Type: other
Provision Reference: 
Character Range: 24474–26695

the scheme.

15 Schemes covered by ASIC Class Order [CO 07/189]
(1) This section applies in relation to a strata scheme that was operated or purportedly was operated in reliance on ASIC Class Order [CO 07/189] (the old class order) and an instrument (the old pro forma) in substantially the same terms as ASIC Pro Forma 187 (as at the date the instrument was made) immediately before the repeal of that class order.
(2) The old class order as in force immediately before its repeal continues to apply in relation to the scheme despite its repeal.
(3) Part 2 does not apply in relation to the scheme.
Note: The old class order continues to apply in accordance with its terms.  If the operator of the scheme ceases to be able to rely on the instrument in substantially the same terms as ASIC Pro Forma 187, they will also cease to be able to rely on the old class order.

16 Schemes covered by ASIC Pro Forma 186
(1) This section applies in relation to a strata scheme that was operated or purportedly was operated in reliance on an instrument (the old instrument) in substantially the same terms as ASIC Pro Forma 186 (as at the date the instrument was made) immediately before the commencement of this instrument.
(2) A person operating the scheme does not have to comply with section 1017G of the Act where the person is exempt from section 601ED of the Act in relation to the operation of the scheme because of the old instrument.

Endnotes

Endnote 1—Instrument history

Instrument number  Date of FRL registration     Date of commencement  Application, saving or transitional provisions
2016/869           23/9/2016 (see F2016L01476)  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 = repealed     rs. = repealed and substituted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
Paragraph 5(1)(b) (note)  am. 2017/580
Paragraph 5(1)(c)         am. 2021/799
Subsection 8(1) (note)    am. 2017/580
Subsection 14(2) (note)   am. 2017/580
Section 9                 am. 2021/799