ASIC Corporations (Managed Investment Schemes: Interests Not For Money) Instrument 2016/1107 (Cth)

ASIC Corporations (Managed Investment Schemes: Interests Not For Money) Instrument 2016/1107

About this compilation

Compilation No. 2

This is a compilation of ASIC Corporations (Managed Investment Schemes: Interests Not For Money) Instrument 2016/1107 as in force on 5 October 2021. It includes any commenced amendment affecting the legislative instrument to that date.

This compilation was prepared by the Australian Securities and Investments Commission.

The notes at the end of this compilation (the endnotes) include information about amending instruments and the amendment history of each amended provision.

Contents

Part 1—Preliminary 1 Name of legislative instrument 3 Authority 4 Definitions Part 2—Relief for managed investment schemes 5 Film investment scheme 6 Interests not for money scheme 7 Show scheme Endnotes Endnote 1—Instrument history Endnote 2—Amendment history

Part 1—Preliminary

1 Name of legislative instrument This is the ASIC Corporations (Managed Investment Schemes: Interests Not For Money) Instrument 2016/1107.

3 Authority This instrument is made under subsections 601QA(1), 926A(2), 992B(1) and 1020F(1) of the Corporations Act 2001.

4 Definitions In this instrument: Act means the Corporations Act 2001. cinematograph film has the meaning given by section 10 of the Copyright Act 1968.

film investment scheme means a managed investment scheme for the development and/or production of a cinematograph film (including a script or component of such a film), where each offer or issue of interests in the scheme is made to one or more of the following: (a) Australian Broadcasting Corporation; (b) Australian Children's Television Foundation; (c) Screen Australia; (d) Film Victoria; (e) Screen NSW; (f) Screen Queensland; (g) South Australian Film Corporation; (h) Special Broadcasting Service Corporation; (i) ScreenWest; (j) a person whose ordinary business is or includes broadcasting or distributing films and who has a right to license or otherwise exploit the copyright to the cinematograph film to which the offer or issue relates; or (k) in circumstances, other than because of this instrument, that do not require a Product Disclosure Statement to be given. interests not for money scheme means a managed investment scheme arising out of a contract or proposed contract under which every interest in the scheme is issued: (a) to a person (participant) as consideration for or as part of the consideration for any of the following: (i) personal or professional services to be provided by the participant or, where the participant is not a natural person, by an officer or employee of the participant providing such services in the ordinary course of its business; (ii) the sale or transfer of or grant of any right to use or exploit present or future intellectual property or know-how of the participant resulting from the labour or efforts of the participant or, where the participant is not a natural person, acquired in the ordinary course of its business; (iii) the sale or transfer of goods imported, manufactured or produced by the participant in the ordinary course of its business; (iv) the sale or transfer of, or the entry into or grant of any interest in land where: (A) the participant; or (B) a person (other than the issuer or one of its associates) that held an interest in the scheme and from whom the participant has acquired the interest in land;