Document ID: chunk:federal_register_of_legislation:F2024L00305:body:0:p7
Version: federal_register_of_legislation:F2024L00305
Segment Type: other
Provision Reference: 
Character Range: 14856–17626

person for the purposes of item 9 of the table in section 611.
           (10F) In subsections (10A) to (10E) and in this subsection:
           acquisition and withdrawal facility means, in relation to an ETF, a facility that:
(a) the responsible entity or CCIV (as the case may be) has stated in the current PDS that it intends to offer on each trading day on which interests or shares in the ETF are traded on the relevant financial market operated by ASX or Cboe; and
(b) allows:
(i) a person who is an authorised participant to acquire an interest or a share in the ETF by contributing to the ETF; and
(ii) a member who is an authorised participant to request that the responsible entity or CCIV satisfy a withdrawal request in relation to an interest or a share in the ETF by transferring to the member;
consideration that predominantly comprises a parcel of securities, the composition of which in relation to an acquisition and a withdrawal is published by or on behalf of the responsible entity from time to time.
Note: The composition of the parcel of securities may be different for an acquisition and a withdrawal.
           ASX means ASX Limited ACN 008 624 691.
           authorised participant has the same meaning as in ASIC Corporations (Relief to Facilitate Admission of Exchange Traded Funds) Instrument 2024/147.
           Cboe means Cboe Australia Pty Ltd ACN 129 584 667.
           current PDS, in relation to an ETF, means the most recently lodged Product Disclosure Statement relating to interests or shares in the ETF.
           ETF has the same meaning as in ASIC Corporations (Relief to Facilitate Admission of Exchange Traded Funds) Instrument 2024/147.
           ETF property means:
(a) in relation to an ETF that is a registered scheme—scheme property of the scheme; and
(b) in relation to an ETF that is a sub-fund of a CCIV—the assets of the sub-fund.
              Note: Chapter 6 applies to a CCIV subject to the modifications set out in Part 8B.7: see section 1240.".

9 Substantial holding and beneficial tracing
Chapter 6C of the Act applies to all persons as if the provisions of that Chapter were modified or varied as follows:
(a) by inserting after section 671A:
"671AA Substantial holdings and relevant interests in relation to exchange traded funds
(1) For the purposes of this Chapter and the definition of substantial holding in section 9:
                  (a) subsection 609(10A) applies as if the current PDS requirement in subsection 609(10B) were satisfied; and
                  (b) if a member of an ETF that has an acquisition and withdrawal facility does not have a relevant interest in securities that form part of ETF property because of subsection 609(10A) (as affected by paragraph (a)), then the member is