ASIC Corporations (Business Introduction Services) Instrument 2022/805 (Cth)

ASIC Corporations (Business Introduction Services) Instrument 2022/805 I, Kate Metz, delegate of the Australian Securities and Investments Commission, make the following legislative instrument.

Date 28 September 2022 <signature>

Kate Metz

Contents

Part 1—Preliminary 1 Name of legislative instrument 2 Commencement 3 Authority 4 Definitions Part 2—Exemptions 5 Operator 6 Issuer and Seller 7 Endorser 8 Publisher Part 3—Repeal 9 Repeal

Part 1—Preliminary

1 Name of legislative instrument This is the ASIC Corporations (Business Introduction Services) Instrument 2022/805.

2 Commencement This instrument commences on the later of: (a) 1 October 2022; and (b) 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 paragraphs 992B(1)(a) and 1020F(1)(a) of the Corporations Act 2001.

4 Definitions In this instrument: Act means the Corporations Act 2001. endorsed material means material that is endorsed, verified or assessed by an endorser. endorser, in relation to introduction services, means a person who by endorsing, verifying or providing an assessment of any information included in a publication or provided at a meeting arranged by an issuer or seller: (a) offers scheme interests for issue or sale; (b) advertises an offer or intended offer of scheme interests for issue or sale; (c) makes a recommendation for a person to acquire those scheme interests; (d) publishes a statement that directly or indirectly refers to an offer or intended offer of scheme interests for issue or sale, or is reasonably likely to induce people to apply for the scheme interests; or (e) is involved in making or publishing such offers, advertisements, recommendations or statements. introduction commission means any commission, fee or other payment made to an operator by: (a) an issuer where the issuer agrees to issue or issues any scheme interest; (b) a seller where the seller agrees to sell or sells any scheme interest; as a result of the operator identifying a person who accepts an offer for the issue or sale of the scheme interest. introduction service means a business that has as one of its objectives the promotion or encouragement of investment in schemes by identifying potential investors to invest in the schemes or potential investments for ascertained investors. issuer means a person who through a publication or at a meeting: (a) offers scheme interests of the issuer for issue; (b) advertises an offer or intended offer of scheme interests for issue or sale; (c) publishes a statement that directly or indirectly refers to an offer or intended offer of scheme interests for issue or sale, or is reasonably likely to induce people to apply for the scheme interests; (d) makes a recommendation that a person acquire those scheme interests; and to any person acting for or on behalf of the issuer who makes or publishes such an offer, advertisement or publication, or who makes such a recommendation to acquire scheme interests. Note: For the purposes of this instrument, an offer to sell scheme interests to which subsection 1012C(6) of the Act applies is treated as an offer for issue of those scheme interests and as having been made by the issuer of the scheme interests as well as by the person who offers them for sale. meeting means any meeting between an issuer or seller and potential investors which is organised and conducted by an operator and not held at the premises of any potential investor.