Corporations Act 2001

CHAPTER 8B - CORPORATE COLLECTIVE INVESTMENT VEHICLES  

PART 8B.5 - OPERATING A CCIV  

Division 3 - Requirement for assets and liabilities to be allocated between sub-funds  

Subdivision A - The CCIV ' s allocation register  

SECTION 1233D   REQUIREMENT TO ENTER ASSETS ON THE ALLOCATION REGISTER  

1233D(1)    
The assets of a sub-fund of a CCIV must be clearly identified in the allocation register as assets of the sub-fund.

1233D(2)    
If section 1233K (about property that has to be converted into money etc.) applies to an item of property of a CCIV:

(a)    the item of property must be clearly identified in the allocation register as an item of property to which that section applies; and

(b)    the proportion of the property applicable to each sub-fund under subsection 1233H(3) must be clearly identified in the allocation register as the proportion applicable to the sub-fund.

1233D(3)    
The corporate director must make entries in the allocation register as required in order to ensure the allocation register makes the identifications required by subsections (1) and (2) .

1233D(4)    
An entry required by subsection (3) must be made within:

(a)    for a case where money or property is acquired by the CCIV:

(i) 5 business days after the money or property is acquired, unless subparagraph (ii) applies; or

(ii) if an allocation determination is required to be made in relation to the money or property under section 1233J - 5 business days after the determination is made; or

(b)    for a case where money or property is disposed of, or otherwise ceases to be money or property of the CCIV - 5 business days after the disposal or cessation.

Fault-based offence

1233D(5)    
A person commits an offence if:

(a)    the person is subject to a requirement under subsection (3) ; and

(b)    the person fails to comply with the requirement.

Strict liability offence

1233D(6)    
A person commits an offence of strict liability if the person contravenes subsection (3) .