Document ID: chunk:federal_register_of_legislation:F2022L01274:body:0:p1
Version: federal_register_of_legislation:F2022L01274
Segment Type: other
Provision Reference: 
Character Range: 0–2967

ASIC Corporations (Business Introduction Services) Instrument 2022/805
I, Kate Metz, delegate of the Australian Securities and Investments Commission, make the following legislative instrument.

Date 28 September 2022
<signature>

Kate Metz

Contents

Part 1—Preliminary
1 Name of legislative instrument
2 Commencement
3 Authority
4 Definitions
Part 2—Exemptions
5 Operator
6 Issuer and Seller
7 Endorser
8 Publisher
Part 3—Repeal
9 Repeal

Part 1—Preliminary

1 Name of legislative instrument
This is the ASIC Corporations (Business Introduction Services) Instrument 2022/805.

2 Commencement
This instrument commences on the later of:
(a) 1 October 2022; and
(b) the day after it is registered on the Federal Register of Legislation.
Note: The register may be accessed at www.legislation.gov.au.

3 Authority
This instrument is made under paragraphs 992B(1)(a) and 1020F(1)(a) of the Corporations Act 2001.

4 Definitions
In this instrument:
Act means the Corporations Act 2001.
endorsed material means material that is endorsed, verified or assessed by an endorser.
endorser, in relation to introduction services, means a person who by endorsing, verifying or providing an assessment of any information included in a publication or provided at a meeting arranged by an issuer or seller:
(a) offers scheme interests for issue or sale;
(b) advertises an offer or intended offer of scheme interests for issue or sale;
(c) makes a recommendation for a person to acquire those scheme interests;
(d)   publishes a statement that directly or indirectly refers to an offer or intended offer of scheme interests for issue or sale, or is reasonably likely to induce people to apply for the scheme interests; or
(e) is involved in making or publishing such offers, advertisements, recommendations or statements.
introduction commission means any commission, fee or other payment made to an operator by:
(a)            an issuer where the issuer agrees to issue or issues any scheme interest;
           (b)              a seller where the seller agrees to sell or sells any scheme interest;
as a result of the operator identifying a person who accepts an offer for the issue or sale of the scheme interest.
introduction service means a business that has as one of its objectives the promotion or encouragement of investment in schemes by identifying potential investors to invest in the schemes or potential investments for ascertained investors.
issuer means a person who through a publication or at a meeting:
(a)             offers scheme interests of the issuer for issue;
(b)            advertises an offer or intended offer of scheme interests for issue or sale;
(c)            publishes a statement that directly or indirectly refers to an offer or intended offer of scheme interests for issue or sale, or is reasonably likely to induce people to apply for the scheme interests;
(d)            makes a recommendation that a person acquire those scheme interests;