Corporate Collective Investment Vehicle Framework and Other Measures Act 2022 (8 of 2022)

Schedule 2   Corporate collective investment vehicles: other amendments of the Corporations Act 2001

Corporations Act 2001

33   After section 53

Insert:

53AAA Affairs of a CCIV

(1) For the purposes of the provisions referred to in subsection (3), the affairs of a body corporate that is a CCIV include anything that would be included in the affairs of a body corporate under section 53.

(2) In applying paragraph 53(d) to the CCIV:

(a) disregard subparagraphs (ii) and (iia); and

(b) treat the reference in subparagraph (iv) to the body as instead being a reference to a sub-fund of the CCIV; and

(c) treat the reference to a liquidator or provisional liquidator of the body as instead being a reference to a liquidator or provisional liquidator of a sub-fund of the CCIV.

(3) The provisions for subsection (1) are the following:

(a) a provision referred to in section 53;

(b) a provision prescribed for the purposes of section 53;

(c) section 1222 (about requirements for registration as a CCIV);

(d) section 1224F (about who can be the director of a CCIV);

(e) section 1224J (about corporate director must operate the CCIV);

(f) section 1237V (about Court order imposing liability on unlicensed person operating CCIV);

(g) section 1241C (about extra kinds of financial services relating to CCIVs);

(h) section 1241E (about when conduct does not constitute providing a custodial or depository service in relation to a CCIV);

(i) section 1241F (about Australian financial services licences to conduct the affairs of a CCIV);

(j) section 1241L (about financial services disclosure does not apply to conducting the affairs of CCIVs);

(k) a provision of this Act prescribed by the regulations for the purposes of this paragraph.


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