Document ID: chunk:federal_register_of_legislation:F2023C00116:body:0:p7
Version: federal_register_of_legislation:F2023C00116
Segment Type: other
Provision Reference: 
Character Range: 15252–17943

the date of revocation, made under and imposed by this paragraph.

    26. The exemptions made under, and the conditions imposed by, an individual instrument of relief granted by ASIC which is in terms similar to ASIC Class Order [CO 03/184] and which makes provision in relation to any matter by applying, adopting or incorporating, with or without modification, any of the provisions of the class order, are, with effect from the date of revocation of the class order, made under and imposed by this paragraph.

    27. The declaration made by ASIC Class Order [CO 04/671] as it applies to the circumstances specified in Category 1 (employee shares schemes) of Schedule D of the class order as in force immediately before the day of its revocation (or partial revocation as it applies to Category 1 of Schedule D) is, with effect from the date of revocation or partial revocation, made by this paragraph and applies as if the references in Category 1 of Schedule D to class orders or instruments of relief included references to paragraphs 25 and 26 of this instrument.

    28. The relief in paragraphs 25, 26 and 27 applies in relation to:

       (a) offers and conduct in respect of an employee share scheme or employee incentive scheme, or like scheme which, as at the day immediately before the day of commencement of this instrument, were covered by ASIC Class Order [CO 03/184] or an individual instrument made by ASIC in terms similar to this instrument or that class order (including, for the avoidance of doubt, in relation to offers made under the employee share scheme, employee incentive scheme, or like scheme, on or after that date); and

       (b) an employee share scheme the terms of which, at any time before the day of commencement of this instrument, had been approved by the unlisted body including as agreed on in accordance with a resolution of directors or members of the body and under which offers and conduct would have been covered by ASIC Class Order [CO 03/184].

Interpretation

    29. In this instrument:

       (a) able to be traded has the meaning given by section 761A of the Act;

       annual report means:

           (a) for a body that is subject to Part 2M.3 of the Act—the most recent reports required by section 319 of the Act to be lodged with ASIC;

           (b) for a body that is a registered foreign company—the most recent reports required by section 601CK of the Act to be lodged with ASIC;

           (c) otherwise—a special purpose financial report covering the most recent financial year of the body;

       ASIC Class Order [CO 03/184] includes ASIC Class Order [CO 05/1270] to the extent that it relates to ASIC Class Order