Corporations Act 2001

CHAPTER 8B - CORPORATE COLLECTIVE INVESTMENT VEHICLES  

PART 8B.7 - CONTROL, FINANCIAL SERVICES AND DISCLOSURE  

Division 4 - Financial services and markets  

SECTION 1241Q   PART 7.9 APPLIES TO THE ISSUE OR SALE OF SECURITIES IN A CCIV  

1241Q(1)    
Despite subsection 1010A(1) , Part 7.9 applies to securities in a CCIV.

Note: This and other sections in this Part extend and modify how Part 7.9 applies for a CCIV. A consequence is that, for a CCIV, references outside of Part 7.9 to provisions of Part 7.9 become references to those provisions as they apply because of this Part.

1241Q(2)    
Despite subsection 1010B(1) , Part 7.9 applies in relation to the issue of any security in a CCIV.

1241Q(3)    
If the corporate director of a CCIV is, apart from this subsection, a regulated person (within the meaning of Division 2 of Part 7.9 ) because it is the seller of a security in the CCIV, treat the CCIV as being the regulated person within the meaning of that Division instead of the corporate director.

Note 1: The corporate director of the CCIV will continue to be a regulated person for any other case.

Note 2: The CCIV will also be the regulated person for an issue of securities in the CCIV (see subsection 1241A(4) and section 1011B ).

1241Q(4)    
If a reference in Part 7.9 to a seller of a financial product applies to the corporate director of a CCIV as the seller of a security in the CCIV, treat the reference as referring to the CCIV.

1241Q(5)    
Subsections (3) and (4) apply despite subsection 1241A(2) .

Note: This subsection confirms that the general rule in subsection 1241A(2) does not affect subsections (3) and (4) of this section.