Document ID: chunk:federal_register_of_legislation:F2023C00095:body:0:p9
Version: federal_register_of_legislation:F2023C00095
Segment Type: other
Provision Reference: 
Character Range: 20435–23234

terms similar to this instrument, does not have to comply with section 1018A of the Act in relation to the advertisement or publication.

    28C. A trustee that operates a managed investment scheme only by reason of operating a contribution plan in connection with an employee incentive scheme covered by an instrument (individual relief instrument) that is not a legislative instrument but which is in terms similar to this instrument, does not have to comply with section 601ED of the Act in relation to the operation of that managed investment scheme.

Advisers

    28D. A financial services licensee or an authorised representative of a financial services licensee who gives financial product advice to an eligible participant that consists of, or includes, a recommendation to acquire an eligible product in connection with an employee incentive scheme covered by an instrument (individual relief instrument) that is not a legislative instrument but which is in terms similar to this instrument, does not have to comply with section 1012A of the Act in relation to the giving of such advice, provided the person giving the advice has no reason to believe the employee incentive scheme is not covered by the individual relief instrument.

Interpretation

    28E. For the purposes of paragraphs 28A to 28D, an individual relief instrument is not in terms dissimilar to this instrument merely because it applies in relation to bodies, markets, participants or products that do not satisfy the definitions relating to those concepts in this instrument.

Interpretation

    29. In this instrument:

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

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

       associate has the meaning given by Division 2 of Part 1.2 of the Act (except sections 12 and 16);

       associated body corporate, in relation to a listed body, means:

           (a) a body corporate that is a related body corporate of the body; or

           (b) a body corporate that has voting power in the body of not less than 20%; or

           (c) a body corporate in which the body has voting power of not less than 20%;

       casual employee, in relation to a listed body or an associated body corporate, means an individual who is, or might reasonably be expected to be, engaged to work the number of hours that are the pro-rata equivalent of 40% or more of a comparable full-time position with the body;

       contractor, in relation to a listed body or an associated body corporate, means:

           (a) an individual with whom the body has entered into a contract for the provision of services under which the individual performs work for the