ASIC Corporations (Share and Interest Sale Facilities) Instrument 2018/99 (Cth)

ASIC Corporations (Share and Interest Sale Facilities) Instrument 2018/99 I, Stephen Yen PSM, delegate of the Australian Securities and Investments Commission, make the following legislative instrument. Date: 1 March 2018

Stephen Yen

Contents

Part 1—Preliminary 1 Name of legislative instrument 2 Commencement 3 Authority 4 Definitions Part 2—Exemption 5 Exemptions for sale facility and related purchase facility 6 Conditions

Part 1—Preliminary

1 Name of legislative instrument This is the ASIC Corporations (Share and Interest Sale Facilities) Instrument 2018/99.

2 Commencement This instrument commences on the later of: (a) the day after it is registered on the Federal Register of Legislation; and (b) commencement of the ASIC Corporations (Amendment and Repeal) Instrument 2018/98. Note: The register may be accessed at www.legislation.gov.au.

3 Authority This instrument is made under subsections 601QA(1), 926A(2) and 1020F(1) of the Act.

4 Definitions In this instrument: Act means the Corporations Act 2001. approved foreign market has the meaning given by section 9 of the Act. Note: The definition of approved foreign market is notionally inserted by the ASIC Corporations (Definition of Approved Foreign Market) Instrument 2017/669. broker means a participant in a licensed market or approved foreign market with whom the issuer has entered arrangements in relation to the operation of the sale facility or related purchase facility. control transaction means a transaction or proposed transaction that affects the control, or potential control, of: (a) where the financial products are shares—the issuer; or (b) where the financial products are issued in a managed investment scheme—the managed investment scheme to which those interests relate. facility has, for the purposes of the definitions of related purchase facility and sale facility, a meaning affected by section 762C of the Act. issuer means the issuer of the financial products that may be issued or disposed of through the sale facility or related purchase facility.