Corporations Act 2001

CHAPTER 8B - CORPORATE COLLECTIVE INVESTMENT VEHICLES  

PART 8B.8 - MISCELLANEOUS  

SECTION 1242  

1242   DIRECTOR IDENTIFICATION NUMBERS  

Treat subsection 1272B(1) as also providing that an eligible officer does not include the corporate director of a CCIV.

SECTION 1242A  

1242A   REGISTERS  

Treat paragraph 1274(2)(a) as also providing that the constitution of a wholesale CCIV that is lodged with ASIC may not be inspected by a person.

SECTION 1242B  

1242B   INSPECTION OF BOOKS  

Section 1300 applies to a CCIV as if the CCIV were a proprietary company.

SECTION 1242C   FALSIFICATION OF BOOKS  

1242C(1)    
Subsection 1307(1) applies as if:

(a)    each of the following were an officer of a CCIV:

(i) an officer of the CCIV;

(ii) an officer of the corporate director of the CCIV; and

(b)    each of the following were a former officer of a CCIV:

(i) a former officer of the CCIV;

(ii) a former officer of the corporate director of the CCIV; and

(c)    an employee of the corporate director of a CCIV were an employee of the CCIV; and

(d)    a former employee of the corporate director of a CCIV were a former employee of the CCIV.

1242C(2)    
Subparagraphs (1)(a)(i) and (b)(i) are included for the avoidance of doubt.

SECTION 1242D   APPLICATION OF PART 9.4  

1242D(1)    
Sections 1309 and 1317 apply as if:

(a)    each of the following were a director of a CCIV:

(i) the corporate director of the CCIV;

(ii) a director of the corporate director of the CCIV; and

(b)    each of the following were an officer of a CCIV:

(i) an officer of the CCIV;

(ii) an officer of the corporate director of the CCIV; and

(c)    an employee of the corporate director of a CCIV were an employee of the CCIV; and

(d)    each of the following were an agent of a CCIV:

(i) an agent of the CCIV;

(ii) an agent of the corporate director of the CCIV.

1242D(2)    
Subparagraphs (1)(a)(i) , (b)(i) and (d)(i) are included for the avoidance of doubt.

SECTION 1242E   DISCLOSURES QUALIFYING FOR PROTECTION UNDER PART 9.4AAA  

Eligible whistleblower

1242E(1)    
Treat section 1317AAA as also providing that an individual is an eligible whistleblower in relation to a regulated entity that is a CCIV if the individual is, or has been, any of the following:

(a)    an officer of the corporate director of the CCIV;

(b)    an employee of the corporate director of the CCIV;

(c)    a relative of an individual referred to in paragraph (a) or (b) ;

(d)    a dependant of an individual referred to in paragraph (a) or (b) , or of such an individual ' s spouse.

Eligible recipient

1242E(2)    
Treat subsection 1317AAC(1) as also providing that each of the following is an eligible recipient in relation to a regulated entity that is a CCIV:

(a)    an officer of the corporate director of the CCIV;

(b)    a senior manager of the corporate director of the CCIV.

Whistleblower policies

1242E(3)    
Treat subsection 1317AI(5) as also providing that the matters that must be set out in a policy for a corporate director of a CCIV also include the following:

(a)    information about to whom disclosures in relation to the CCIV that qualify for protection under Part 9.4AAA may be made, and how they may be made;

(b)    information about how the CCIV will support whistleblowers and protect them from detriment;

(c)    information about how the CCIV will investigate disclosures that qualify for protection under Part 9.4AAA ;

(d)    information about how the policy is to be made available to officers of the CCIV;

(e)    any matters prescribed by the regulations for the purposes of this paragraph.

SECTION 1242F  

1242F   POWERS OF COURTS - IRREGULARITIES  

Subparagraph 1322(1)(b)(i) applies to:

(a)    a meeting of the members of a sub-fund of the CCIV in the same way as it applies in relation to a meeting of a corporation; and

(b)    a joint meeting of creditors and members of a sub-fund of a CCIV in the same way as it applies in relation to a joint meeting of creditors and members of a corporation.

SECTION 1242G  

1242G   FEES PAYABLE TO THE COMMONWEALTH  

Subsection 1351(4) has effect in relation to a review fee payable to the Commonwealth by a CCIV in relation to a review date in a year as if paragraph 1351(4)(a) were substituted with the following:

" (a) all of the following apply:

(i) ASIC has given notice of the proposed deregistration of a sub-fund of the CCIV in accordance with paragraph 1239(5)(c), and published notice of the proposed deregistration of the sub-fund in accordance with paragraph 1239(5)(d);

(ii) as a result of ASIC deregistering the sub-fund, ASIC will be required to deregister the CCIV under section 1239K;

(iii) the review date for that year falls in the 2 month period before or after the publication of the notice published in accordance with paragraph 1239(5)(d); or " .