ASIC Corporations (Relief to Facilitate Admission of Exchange Traded Funds) Instrument 2024/147 (Cth)

ASIC Corporations (Relief to Facilitate Admission of Exchange Traded Funds) Instrument 2024/147 I, Leah Sciacca, delegate of the Australian Securities and Investments Commission, make the following legislative instrument.

Date 13 March 2024

Leah Sciacca

Contents

Part 1—Preliminary 1 Name of legislative instrument 2 Commencement 3 Authority 4 Definitions Part 2—Exemption 5 Unequal treatment in withdrawal from an ETF 6 Unequal treatment in provision of information to authorised participants 7 Ongoing disclosure for ETFs Part 3—Declaration 8 Relevant interest 9 Substantial holding and beneficial tracing Part 4—Repeal 10 Repeal

Part 1—Preliminary

1 Name of legislative instrument This is the ASIC Corporations (Relief to Facilitate Admission of Exchange Traded Funds) Instrument 2024/147.

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 subsections 601QA(1), 655A(1), 673(1), 1020F(1) and 1243(2) of the Corporations Act 2001.

4 Definitions In this instrument: Act means the Corporations Act 2001. ASX means ASX Limited ACN 008 624 691. authorised participant means, in relation to an ETF, a person who: (a) has an agreement with: (i) in the case of an ETF that is a registered scheme—the responsible entity of the scheme; and (ii) in the case of an ETF that is a sub-fund of a CCIV—the CCIV (in respect of the sub-fund); in relation to making applications to acquire and withdraw interests in the scheme or shares in the sub-fund; and (b) is, or has engaged to act on its behalf, a participant in relation to a financial market, to acquire and dispose of interests in the scheme or shares in the sub-fund. Cboe means Cboe Australia Pty Ltd ACN 129 584 667. constitution means: (a) in relation to an ETF that is a registered scheme—the constitution of the scheme; and (b) in relation to an ETF that is a sub-fund of a CCIV—the constitution of the CCIV. corporate director, in relation to a sub-fund of a CCIV (including a sub-fund that is an ETF), means the corporate director of the CCIV. ETF (short for exchange traded fund) means a registered scheme or a sub-fund of a CCIV in relation to which all of the following are satisfied: (a) interests in the scheme or shares in the sub-fund are in a class that is able to be traded on a financial market operated by ASX or Cboe, but the scheme or sub-fund is not listed on either of those markets; (b) the responsible entity or CCIV has the power and approval to issue interests or shares in that class on any day that those interests or shares are able to be traded on the relevant financial market; (c) the responsible entity or CCIV allows applications for, and redemptions of, interests or shares in that class on any day that those interests or shares are able to be traded on the relevant financial market; (e) the responsible entity or CCIV does not make a market (within the meaning of subsection 766D(1), but ignoring subsection 766D(2), of the Act) for those interests or shares. indicative net asset value per security means: (a) for an ETF that is a registered scheme, the total assets of the ETF less the total liabilities of the ETF (disregarding any liability to a member of the ETF as a member), divided by the number of interests in the ETF; and (b) for a class of interests in an ETF that is a registered scheme, the total assets attributable to that class of interests less the total liabilities attributable to that class of interests (disregarding any liability to a member of the ETF as a member), divided by the number of interests in that class; and (c) for an ETF that is a sub-fund of a CCIV, the total assets of the ETF less the total liabilities of the ETF (disregarding any liability to a member of the ETF as a member), divided by the number of shares in the ETF; and (d) for a class of shares in an ETF that is a sub-fund of a CCIV, the total assets attributable to that class of shares less the total liabilities attributable to that class of shares (disregarding any liability to a member of the ETF as a member), divided by the number of shares in that class. minimum parcel means the smallest number or value of interests or shares in an ETF that are generally permitted to be withdrawn from the ETF by an authorised participant while interests or shares in the ETF are quoted. withdrawal fee per security means: (a) in relation an ETF that is a registered scheme, the fee that is payable in relation to a withdrawal from the ETF divided by the number of interests in the ETF to which the withdrawal relates; and (b) in relation an ETF that is a sub-fund of a CCIV, the fee that is payable in relation to a withdrawal from the ETF divided by the number of shares in the ETF to which the withdrawal relates.