ASIC Corporations (Offers of Convertibles) Instrument 2016/83 (Cth)

ASIC Corporations (Offers of Convertibles) Instrument 2016/83 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—Declaration 4 Securities that are convertible into continuously quoted securities 5 Definition of "underlying securities"

Part 1—Preliminary

1 Name of legislative instrument This instrument is ASIC Corporations (Offers of Convertibles) Instrument 2016/83.

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 section 741 of the Corporations Act 2001.

4 Definitions In this instrument: Act means the Corporations Act 2001.

Part 2—Declaration

4 Securities that are convertible into continuously quoted securities Chapter 6D of the Act applies to all persons as if section 713 were modified or varied as follows: (a) after paragraph (1)(a) insert: "(aa) convertible or converting notes or convertible or converting preference shares of a body that are convertible or may convert into continuously quoted securities of the body; or"; (b) after paragraph (2)(c) insert: "(ca) if the securities are convertible or converting notes or convertible or converting preference shares—the rights and liabilities attaching to: (i) the convertible or converting securities themselves; and (ii) the underlying securities; and.".

5 Definition of "underlying securities" Chapter 6D of the Act applies to all persons as if the definition of underlying securities in section 9 of the Act were modified or varied by, after paragraph (a), inserting: "(aa) in relation to convertible or converting notes or convertible or converting preference shares—those securities into which the convertible or converting securities may be converted; and".