Document ID: chunk:federal_register_of_legislation:F2024C01249:reg:15:p48
Version: federal_register_of_legislation:F2024C01249
Segment Type: reg
Provision Reference: reg 15 (pt 48/73)
Character Range: 1808158–1810822

to the securities under Chapter 6D of the old Corporations Act.

10.2.124  When a managed investment scheme must be registered
  For section 1444 of the Act, subsection 601ED(2) of the Act applies in relation to a managed investment scheme as if issues of interests that:
 (a) were made before the issue of the interest was covered by Division 2 of Part 7.9 of the Act; and
 (b) were:
 (i) issues made after 12 March 2000 that would not have needed disclosure to investors under Part 6D.2 of the old Corporations Act if the scheme were registered; or
 (ii) issues mentioned in section 1477 of the Corporations Law as in force on 14 July 2001 and as continued by section 1408 of the Act;
were issues in relation to which a Product Disclosure Statement is not required to be given under Division 2 of Part 7.9.

10.2.125  Responsible entity to be a public company and hold an Australian financial services licence
 (1) For section 1444 of the Act, this regulation applies in relation to a public company that is a regulated principal mentioned in item 1 of the table in section 1430 of the Act.
 (2) A reference in section 601FA of the Act to a public company that holds an Australian financial services licence includes the regulated principal.
 (3) Subregulation (2) ceases to apply in relation to the regulated principal at the end of the transition period in relation to the regulated principal.

10.2.126  Duties of officers of responsible entity
 (1) For section 1444 of the Act, this regulation applies in relation to a responsible entity that is a regulated principal mentioned in item 1 of the table in section 1430 of the Act.
 (2) A reference in subparagraph 601FD(1)(f)(ii) of the Act to a responsible entity's Australian financial services licence includes the dealers licence of the regulated principal.
 (3) Subregulation (2) ceases to apply in relation to the regulated principal at the end of the transition period in relation to the regulated principal.

10.2.127  Voidable contracts
 (1) For section 1444 of the Act, this regulation applies in relation to a contract if:
 (a) Chapter 6D of the old Corporations Act applies in relation to an interest in a registered scheme after the FSR commencement; and
 (b) a person (the offeror), in contravention of Chapter 6D of the old Corporations Act, offers the interest in the registered scheme for subscription, or issues an invitation to subscribe for the interest in the registered scheme during the transition period in relation to the registered scheme; and
 (c) the contract is entered into by a person (other than the offeror) to subscribe for the interest as a result of the person accepting the