Document ID: chunk:federal_register_of_legislation:F2023C00208:reg:17:p3
Version: federal_register_of_legislation:F2023C00208
Segment Type: reg
Provision Reference: reg 17 (pt 3/14)
Character Range: 6637–9586

managed fund that is able to be traded on a financial market operated by ASX Limited or Cboe Australia Pty Ltd, means a person who:
                     (a) holds an Australian financial services licence that covers making a market in the interests or securities or is exempt from the requirement to hold such a licence for providing that financial service; and
                     (b) either has:
                         (i) entered into an agreement with the relevant market operator; or
                         (ii) demonstrated to the relevant market operator that it has been appointed by the operator of the scheme or foreign company;
                         to make a market for those interests or securities.
                  managed fund means a scheme:
                     (a) that satisfies paragraphs (a) to (e) of the definition of exchange traded fund; and
                     (b) whose name contains the expression "managed fund" or "hedge fund".
                  notice of cessation, in relation to an ETF market maker, means a notice specifying that the ETF market maker no longer intends to rely on subsection (4A) in relation to an exchange traded fund or a managed fund or a class of exchange traded funds or managed funds.
                  notice of exclusion, in relation to an ETF market maker, means a notice specifying that the ETF market maker is excluded from relying on subsection (4A) in relation to an exchange traded fund or a managed fund or a class of exchange traded funds or managed funds.
                  notice of reliance, in relation to an ETF market maker, means a notice that:
                     (a) states that the ETF market maker intends to rely on subsection (4A) to make short sales of interests in, or securities of, exchange traded funds or managed funds in the course of making a market in those interests or securities; and
                     (b) includes the name, and unique code assigned by the relevant market operator, for each exchange traded fund and managed fund to which the notice relates.
                     Note: A new notice of reliance must be given to ASIC if the ETF market maker wishes to rely on subsection (4A) in relation to an exchange traded fund or a managed fund that was not included in an earlier notice of reliance.
                  notice of suspension or cancellation, in relation to an ETF market maker, means a notice that has the effect of suspending or cancelling:
                     (a) the agreement with the relevant market operator; or
                     (b) the appointment by the operator of the scheme or the foreign company;
                  for the ETF market maker to make a market for interests in, or securities of, an exchange traded fund or a managed fund or class of exchange traded funds or managed funds.
                  reporting period means a 12-month period commencing on 1 April of any given year and ending on 31 March