ASIC Corporations (Market Research and Roadshows) Instrument 2016/79 (Cth)

ASIC Corporations (Market Research and Roadshows) Instrument 2016/79 I, Grant Moodie, delegate of the Australian Securities and Investments Commission, make the following legislative instrument.

Date 9 March 2016

Grant Moodie

Contents

Part 1—Preliminary 1 Name of legislative instrument 2 Commencement 3 Authority 4 Definitions Part 2—Exemptions 5 Market research in relation to intended offers of securities 6 Market research in relation to intended availability of financial products 7 Roadshow presentations of intended offers of securities 8 Offers by subsidiaries of listed bodies Part 3—Declaration 9 Liability of publishers

Part 1—Preliminary

1 Name of legislative instrument This instrument is ASIC Corporations (Market Research and Roadshows) Instrument 2016/79.

2 Commencement This instrument commences on 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 sections 741 and 1020F of the Corporations Act 2001.

4 Definitions In this instrument: Act means the Corporations Act 2001. market research organisation, in relation to a body intending to offer securities or a person intending to make available financial products, means an organisation in the business of conducting market research being an organisation engaged by, but not otherwise associated with, the body or the person for that purpose. representative, in relation to a financial services licensee, has the meaning given by section 910A of the Act.

Part 2—Exemptions

5 Market research in relation to intended offers of securities (1) A body that intends to offer securities, and a market research organisation engaged by the body in relation to that intended offer, do not have to comply with subsection 734(2) of the Act in relation to an advertisement or statement published by either or both of them. (2) This section applies where all of the following are satisfied: (a) the securities that are intended to be offered are in a class of securities that are, or are intended to be, quoted on a prescribed financial market; (b) the advertisement or statement contains information in relation to the intended offer of securities for issue or sale to be made under a disclosure document; (c) the body permits the market research organisation to provide the information to persons only to the extent necessary to enable: (i) the organisation to conduct market research; and (ii) those persons to answer questions asked of them by the organisation for the purposes of the research; (d) the body does not permit the market research organisation to disclose to the body the names and contact details of any of the persons contacted for the purposes of the market research; (e) the advertisement or statement is published solely for the purpose of market research by the market research organisation to ascertain: (i) the number of copies of the disclosure document which should be printed in order to meet demand; and (ii) to whom the intended offer should be marketed; and (iii) the type and extent of marketing which should be undertaken; (f) no more than 5,000 advertisements or statements in total are published in connection with the market research.