Corporations Act 2001

CHAPTER 5C - MANAGED INVESTMENT SCHEMES  

PART 5C.11 - EXEMPTIONS AND MODIFICATIONS  

SECTION 601QA   ASIC ' S POWER TO MAKE EXEMPTION AND MODIFICATION ORDERS  

601QA(1)    
ASIC may:

(a)    exempt a person from a provision of this Chapter; or

(b)    declare that this Chapter applies to a person as if specified provisions were omitted, modified or varied as specified in the declaration.

Without limiting this, ASIC may declare that this Chapter applies to a person as if section 601HA included a requirement for scheme property to be held by a person other than the responsible entity as the responsible entity ' s agent.

601QA(2)    
The exemption or declaration may:

(a)    apply to all or specified provisions of this Chapter; and

(b)    apply to all persons, specified persons, or a specified class of persons; and

(c)    relate to all securities, specified securities or a specified class of securities; and

(d)    relate to any other matter generally or as specified.

601QA(3)    
An exemption may apply unconditionally or subject to specified conditions. A person to whom a condition specified in an exemption applies must comply with the condition. The Court may order the person to comply with the condition in a specified way. Only ASIC may apply to the Court for the order.

601QA(4)    
The exemption or declaration must be in writing and ASIC must publish notice of it in the Gazette .

601QA(5)    
For the purposes of this section, the provisions of this Chapter include:

(a)    regulations made for the purposes of this Chapter; and

(b)    definitions in this Act or the regulations as they apply to references in:

(i) this Chapter; or

(ii) regulations made for the purposes of this Chapter; and

(ba)    

section 253LA as that section applies in relation to the operation of:

(i) this Chapter; or

(ii) regulations made for the purposes of this Chapter; and

(c)    

the provisions of Division 11 of Part 11.2 of the old Corporations Law of each State or Territory in this jurisdiction, to the extent they continue to have effect because of section 1408 of this Act; and

(d)    

if regulations for the purposes of subsection 1408(3) deal with a matter or matters dealt with in those provisions - the regulations that so deal with the matter or matters.

SECTION 601QB  

601QB   MODIFICATION BY REGULATIONS  

The regulations may modify the operation of this Chapter or any other provisions of this Act relating to securities in relation to:

(a)    a managed investment scheme; or

(b)    all managed investment schemes of a specified class.