Corporations Act 2001
Modifying legislative instruments: The application of Ch 5C is affected by the following legislative instruments that commenced on or after 1 January 2022: ASIC Corporations (Asset Holding Standards for Responsible Entities) Instrument 2024/16.
CCH Note: Section 601HE is modified by the ASIC Corporations (Discretions for Setting the Issue Price and Withdrawal Price of Interests in Managed Investment Schemes) Instrument 2023/693; and the ASIC Corporations (Changing the Responsible Entity) Instrument 2023/681.
Responsible entity ' s powers
601HE(1)
The responsible entity of a registered scheme may modify the scheme ' s compliance plan or repeal it and replace it with a new compliance plan.
ASIC may require modifications
601HE(2)
ASIC may direct the responsible entity of a registered scheme to modify the scheme ' s compliance plan, as set out in the direction, to ensure that the plan is consistent with section 601HA . The direction is to be given by notice in writing to the responsible entity.
Lodgment of modification or new plan
601HE(3)
The responsible entity must lodge with ASIC a copy of a modification of the scheme ' s compliance plan or of a new compliance plan within 14 days after the modification is made or the old plan is repealed. The copy must be signed by all the directors of the responsible entity.
[ CCH Note 1: S 601HE(3) will be amended by No 69 of 2020, s 3, Sch 1[963], by inserting " or, if ASIC so directs, with the Registrar " after " ASIC " , (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
[ CCH Note 2: S 601HE(4) will be inserted by No 69 of 2020, s 3, Sch 1[964] (effective 1 July 2026 or a day or days to be fixed by Proclamation). S 601HE(4) will read:
601HE(4)
If the copy is lodged with the Registrar, the lodgement must meet any requirements of the data standards.]
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