Document ID: chunk:federal_register_of_legislation:F2023C00095:body:0:p3
Version: federal_register_of_legislation:F2023C00095
Segment Type: other
Provision Reference: 
Character Range: 5103–7946

body corporate occurs either:

          (i) through a financial services licensee; or

          (ii) outside this jurisdiction and through a person which is licensed or otherwise authorised to deal in financial products of that kind in the relevant place;

       (c) dealing in an interest in a managed investment scheme covered by paragraph 15 of this instrument.

    Custodial or depository services

    12. A listed body or an associated body corporate that provides any of the following financial services in connection with an employee incentive scheme covered by this instrument does not have to comply with subsection 911A(1) of the Act in relation to the financial service:

       (a) a custodial or depository service in relation to the eligible product where the body performs their duties in good faith and has sufficient resources to perform those duties;

       (b) dealing in the eligible product in the course of providing a custodial or depository service covered by paragraph (a).

Hawking

    13. A listed body or an associated body corporate that makes an offer of an eligible product to an eligible participant in the course of, or because of, an unsolicited contact with the eligible participant made in connection with an employee incentive scheme covered by this instrument does not have to comply with section 992A of the Act.

    Advertising

    14.  A listed body, an associated body corporate or a trustee that advertises, or publishes a statement that is reasonably likely to induce eligible participants to acquire, an eligible product under an employee incentive scheme covered by this instrument does not have to comply with section 1018A of the Act in relation to the advertisement or publication.

    Incidental managed investment scheme

   15. A listed body, an associated body corporate or 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 this instrument does not have to comply with section 601ED of the Act in relation to the operation of that managed investment scheme.

    Conditions

    Notice of reliance

    16. A listed body or associated body corporate making an offer in connection with a particular employee incentive scheme must give ASIC a notice of reliance.

           Note 1: A notice of reliance can cover a particular employee incentive scheme that is intended to operate for many years. A new notice of reliance will be required to be given to ASIC if the body establishes a new employee incentive scheme.

           Note 2: A body relying on only paragraphs 25, 26, 27 or 28 (Transitional) of this instrument does not need to give ASIC a notice of reliance.

    17. The body may give ASIC the notice of reliance at any time before the body first relies on this