Document ID: chunk:federal_register_of_legislation:F2024L00305:body:0:p4
Version: federal_register_of_legislation:F2024L00305
Segment Type: other
Provision Reference: 
Character Range: 7237–9934

an ETF that is a registered scheme and the corporate director of an ETF that is a sub-fund of a CCIV does not have to comply with paragraph 601FC(1)(d) or 1224D(2)(b) of the Act (as applicable) to the extent that it would prevent the responsible entity or the corporate director from providing information to authorised participants before other members about:
(a) the price or value of any financial product, index, currency, commodity or other thing that the ETF invests in or, in the case of an index, refers to as part of its investment strategy; and
(b) the number and class of securities and any other property required to acquire an interest or share in the ETF by authorised participants on the trading day that first ends after the information is provided; and
           (c) the number and class of securities and any other property transferred on withdrawal from an interest or share in the ETF by authorised participants on the trading day that first ends after the information is provided.
Where the exemption applies
(2) The exemption in subsection (1) applies where there is a Product Disclosure Statement in relation to interests or shares in the ETF that are or will be able to be traded on a financial market operated by ASX or Cboe that contains a statement to the effect that the responsible entity or the corporate director will provide information about the matters referred to in paragraphs (1)(a) to (c) to authorised participants before other members.
    Conditions
(3) A responsible entity or corporate director that relies on the exemption in subsection (1) must:
(a) publicly disclose any information which has been disclosed to authorised participants as permitted by the exemption before the commencement of the trading day after the day on which such disclosure was made to authorised participants; and
(b) take reasonable steps to ensure that the following information is publicly available and updated every 15 minutes during each trading day:
(i) where the ETF has only one class of interests or shares—the indicative net asset value per security in the ETF; or
(ii) otherwise—the indicative net asset value per security for each class of interests or shares.

7 Ongoing disclosure for ETFs
(1) Neither of the following has to comply with section 1017B of the Act:
           (a) the responsible entity of an ETF that is a registered scheme;
           (b) a CCIV (in respect of a sub-fund of the CCIV that is an ETF).
(2) The exemption in subsection (1) applies where the responsible entity or CCIV (in respect of the sub-fund):
(a) complies with section 675 of the Act as if the scheme or CCIV were an unlisted disclosing entity; and
(b) includes statements in