Document ID: chunk:federal_register_of_legislation:F2017C00885:body:0:p4
Version: federal_register_of_legislation:F2017C00885
Segment Type: other
Provision Reference: 
Character Range: 8054–10464

interest in the scheme; or
                  (b) arrange for the issue of an interest in the scheme.";
           (b) in subsection 1018B(1) omit "because of section 1012E.", substitute "because of section 1012E or 1012EA.".
(3) The declarations in subsections (1) and (2) apply to an offer of securities for issue in a foreign company, or an offer of interests in a managed investment scheme by a foreign company, that the foreign company reasonably believes is made in accordance with foreign regulatory requirements where all of the following are satisfied:
           (a) the securities are in a class that is quoted on, or the interests in the managed investment scheme are able to be traded on, an approved foreign market and trading in which is not suspended;
           (b) at or before the time the offer is made, Australian offerees are given any document relating to the offer that would have been required to be given to them under the laws of the primary foreign jurisdiction if they received the offer in that jurisdiction;
           (c) if the document referred to in paragraph (b) is not in English, a certified English translation is given;
           (d) any document provided to Australian offerees under paragraph (b) includes or is accompanied by written statements to the effect that:
              (i) the documents have been prepared for the purposes of compliance with foreign regulatory requirements; and
              (ii) the documents may not contain all the information required to be contained in disclosure documents under the laws of Australia; and
              (iii) if applicable, the foreign company is not subject to the continuous disclosure requirements of the Act that apply in Australia.

Endnotes

Endnote 1—Instrument history

Instrument number  Date of FRL registration    Date of commencement  Application, saving or transitional provisions
2015/362           1/9/2017 (see F2015L01382)  2/9/2017
2017/6             4/9/2017 (see F2017L01128)  5/9/2017              -

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 = repealed     rs. = repealed and substituted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
Section 4 (definition of approved foreign market)
                                                   am. 2017/6