Document ID: chunk:federal_register_of_legislation:F2021C01043:body:0:p3
Version: federal_register_of_legislation:F2021C01043
Segment Type: other
Provision Reference: 
Character Range: 5458–8259

a charitable investment fundraiser that:
           (a) has a fixed term of less than 31 days; or
           (b) has a fixed term at the end of which it is not required that the amount owing in relation to the debenture or interest be paid to the holder unless, if not paid, the debenture or interest will:
              (i) be subject to a further fixed term of at least 31 days; or
              (ii) be payable only on a request that provides at least 31 days' notice; or
           (c) gives the holder the right to require repayment or redemption (in full or in part) of the debenture or interest by giving less than 31 days' notice.
sponsor means an entity that:
           (a) has entered into and given to ASIC a deed poll:
(i) in favour of each holder of a debenture or interest in a managed investment scheme issued by each charitable investment fundraiser for which the sponsor has accepted for the purposes of this instrument an identification statement; and
(ii) under which the sponsor covenants to guarantee the performance by the charitable investment fundraiser of its obligations under any debenture or interest in a managed investment scheme to which the identification statement relates, except any debentures or interest issued after revocation of the acceptance for the purposes of this instrument; and
           (b) ASIC has not subsequently notified in writing is no longer a sponsor for the purposes of this instrument unless ASIC has revoked the notification in writing.
wholesale charitable investment fundraiser means a charitable investment fundraiser in relation to which no person holds a debenture or interest in a managed investment scheme issued to them after 31 December 2016 as a retail, non-associated client.

       Part 2—Exemptions

5 Charitable investment fundraiser

Fundraising, managed investments and debentures exemption for charitable investment fundraiser
(1) A charitable investment fundraiser does not have to comply with any of the following:
(a) subsection 601ED(5) of the Act in relation to the operation of a managed investment scheme;
(b) Parts 6D.2 and 6D.3 of the Act in relation to an offer for the issue of a debenture;
              Note:  This also means that the charitable investment fundraiser will not be required to enter into a trust deed under section 283AA of the Act.
(c) section 992A of the Act in relation to a debenture or an interest in a managed investment scheme;
(d) Divisions 2 and 4 of Part 7.9 and sections 1017B and 1017G of the Act in relation to an interest in a managed investment scheme.

Licensing exemption for wholesale charitable investment fundraiser
(2) A charitable investment fundraiser that is a wholesale charitable investment fundraiser does not have to comply with subsection 911A(1) of the Act for the