ASIC Stapling Relief (Stara Venu CCIV) Instrument 2023/124 (Cth)

ASIC Stapling Relief (Stara Venu CCIV) Instrument 2023/124 I, Kate Metz, delegate of the Australian Securities and Investments Commission, make the following notifiable instrument.

Date 27 February 2023

Kate Metz

Contents

Part 1—Preliminary 1 Name of notifiable instrument 2 Commencement 3 Authority 4 Definitions Part 2—Declaration 5 Modified duties of directors and officers of a CCIV with a stapled structure

Part 1—Preliminary

1 Name of notifiable instrument This is the ASIC Stapling Relief (Stara Venu CCIV) Instrument 2023/124.

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 paragraph 1243(2)(b) of the Corporations Act 2001.

4 Definitions In this instrument: Act means the Corporations Act 2001. Stara Venu Business Sub-Fund means Stara Venu Business SF (ARFN 663 895 190). Stara Venu CCIV means Stara Venu CCIV (ACN 663 880 500), consisting of the registered sub-funds Stara Venu Business Sub-Fund and Stara Venu Property Sub-Fund. Stara Venu Property Sub-Fund means Stara Venu Property SF (ARFN 663 895 207).

Part 2—Declaration

5 Modified duties of directors and officers of a CCIV with a stapled structure (1) Part 8B.3 of the Act applies in relation to the Stara Venu CCIV as if the provisions of that Part were modified or varied as follows: (a) at the end of paragraph 1224C(2)(c), omit ".", substitute "; and"; (b) after paragraph 1224C(2)(c), insert: "(d) regard is to be had to whether shares referable to the sub-fund referred to in subsection (3) are stapled securities."; (c) in subparagraph 1224D(1)(c), after "each sub-fund of the CCIV", insert: ", provided that in so acting the director must have regard to whether the shares referable to any of the sub-funds are stapled securities"; (d) after section 1224D, insert: "1224DA Stapled securities For the purposes of sections 1224C and 1224D: stapled security means a share referable to a sub-fund of a CCIV, where: (a) the share can only be transferred together with a share referable to another sub-fund of the CCIV; and (b) there are no shares in the same class as the shares referable to either sub-fund which may be transferred separately.". (2) The declaration in subsection (1) applies where: (a) each share referable to the Stara Venu Property Sub-Fund and each share referable to the Stara Business Sub-Fund may only be transferred together; and (b) the only sub-funds of the Stara Venu CCIV are the Stara Venu Property Sub-Fund and the Stara Venu Business Sub-Fund.