Document ID: chunk:federal_register_of_legislation:F2024L00305:body:0:p6
Version: federal_register_of_legislation:F2024L00305
Segment Type: other
Provision Reference: 
Character Range: 12183–15110

The responsible entity or CCIV may have a relevant interest in securities that do not form part of ETF property because of paragraph 608(3)(b).
           (10C) If subsection (10A) applies in relation to a member and the member makes a withdrawal request under the acquisition and withdrawal facility:
              (a) subsection (10A) stops applying in relation to any securities that the member would receive if the responsible entity or CCIV transferred securities to the member in accordance with the withdrawal request; and
              (b) the member is taken to acquire a relevant interest in those securities at that time through a transaction in relation to the securities entered into by the member.
              Note: If the member makes a withdrawal request only in relation to some of the member's interests or shares in the ETF, subsection (10A) may still apply in relation to the member's remaining interests or shares.
           (10D) If:
              (a) other than because of subsection (10C), a member has a relevant interest in securities that form part of ETF property because subsection (10A) has stopped applying in relation to the scheme or sub-fund; and
              Note: The circumstances in which subsection (10A) will stop applying include where the scheme or sub-fund ceases to be an ETF.
              (b) the member makes a withdrawal request in relation to the interests in the registered scheme or the shares in the sub-fund;
           then for the purposes of section 606, at the time of the withdrawal request:
              (c) the member is taken to acquire a relevant interest in any securities that the member would receive if the responsible entity or CCIV transferred securities to the member in accordance with the withdrawal request; and
              (d) the member is taken to have acquired the relevant interest through a transaction entered into by the member in relation to those securities; and
              (e) the member's voting power is taken to have increased from what it would have been before the withdrawal request if the votes attached to those securities were disregarded to what it was after the withdrawal request (taking the votes attached to those securities into account).
           (10E) If, in the previous 6 months:
              (a) a member's voting power has increased because subsection (10A) stopped applying in relation to securities; and
              (b) the member has not been taken to acquire a relevant interest in the securities under subsection (10C) or (10D);
           the increase in voting power is to be disregarded in determining the voting power of the member or any other person for the purposes of item 9 of the table in section 611.
           (10F) In subsections (10A) to (10E) and in this subsection:
           acquisition and withdrawal facility means, in relation to an ETF, a facility that:
(a) the responsible entity