CHAPTER 8B
-
CORPORATE COLLECTIVE INVESTMENT VEHICLES
History
Ch 8B inserted by No 8 of 2022, s 3, Sch 1
[
4] (effective 1 July 2022).
PART 8B.8
-
MISCELLANEOUS
History
Pt 8B.8 inserted by No 8 of 2022, s 3, Sch 1
[
4] (effective 1 July 2022).
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.
History
S 1242 inserted by No 8 of 2022, s 3, Sch 1
[
4] (effective 1 July 2022).
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.
History
S 1242A inserted by No 8 of 2022, s 3, Sch 1
[
4] (effective 1 July 2022).
SECTION 1242B
1242B
INSPECTION OF BOOKS
Section
1300
applies to a CCIV as if the CCIV were a proprietary company.
History
S 1242B inserted by No 8 of 2022, s 3, Sch 1
[
4] (effective 1 July 2022).
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.
History
S 1242C inserted by No 8 of 2022, s 3, Sch 1
[
4] (effective 1 July 2022).
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.
History
S 1242D inserted by No 8 of 2022, s 3, Sch 1
[
4] (effective 1 July 2022).
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.
History
S 1242E inserted by No 8 of 2022, s 3, Sch 1
[
4] (effective 1 July 2022).
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.
History
S 1242F inserted by No 8 of 2022, s 3, Sch 1
[
4] (effective 1 July 2022).
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
"
.
History
S 1242G amended by No 69 of 2023, s 3, Sch 2[120] (effective 15 September 2023).
S 1242G inserted by No 8 of 2022, s 3, Sch 1
[
4] (effective 1 July 2022).