Document ID: chunk:federal_register_of_legislation:F2023C00839:body:0:p14
Version: federal_register_of_legislation:F2023C00839
Segment Type: other
Provision Reference: 
Character Range: 32468–35075

Note 1: The exemption in paragraph (b) allows the responsible entity to treat institutional and retail investors differently to the extent of the period that they are given to notify their acceptance of the offer. It does not permit the responsible entity to issue interests to institutional investors before any of the retail investors.
Note 2: Relief from compliance with paragraph 601FC(1)(d) of the Act for differential fee arrangements of the kind covered by notional subsection 601GAA(6) of the Act set out above is provided by ASIC Corporations (Registered Schemes—Differential Fees) Instrument 2017/40: see subsection 5(3).

Part 4—Application

8 Application
    Sections 5 to 7 apply in relation to a managed investment scheme that became a registered scheme before 1 October 2013 and in relation to which the responsible entity has not published on its website:
      (a)   a notice that it will rely on ASIC Class Order [CO 13/655]; or
      (b)   a notice that it will rely on ASIC Corporations (Discretions for Setting the Issue Price and Withdrawal Price of Interests in Managed Investment Schemes) Instrument 2023/693.

Endnotes

Endnote 1—Instrument history

Instrument number  Date of FRL registration     Date of commencement  Application, saving or transitional provisions
2015/847           30/9/2015 (see F2015L01561)  1/10/2015
2017/41            10/3/2017 (see F2017L00204)  11/3/2017             -
2017/6             4/9/2017 (see F2017L01128)   5/9/2017              -
2019/548           28/8/2019 (see F2019L01115)  29/8/2019             -
2019/900           5/9/2019 (see F2019L01145)   6/9/2019              -
2023/694           11/9/2023 (see F2023L01222)  12/9/2023             -

Endnote 2—Amendment history
ad. = added or inserted     am. = amended     LA = Legislation Act 2003    rep. = repealed     rs. = repealed and substituted
Provision affected                                                          How affected
Section 2                                                                   rep. s48D LA
Subpara 5(b) (notional subsection 601GAA(4))
                                                                            am. 2019/548
Section 5 (definition of approved foreign market in subsection 601GAA(15))

                                                                            am. 2017/6
Subpara 7(1)(b)                                                             am. 2019/900
Section 7 (Note 2)                                                          rs. 2017/41
Section 8                                                                   am. 2023/694