½ñÈÕÈÈÃÅʼþ

news item

½ñÈÕÈÈÃÅʼþconsults on remaking class order on Exchange Traded Funds (ETFs)

Published

Key points:

  • ½ñÈÕÈÈÃÅʼþproposes to remake Class Order [CO 13/721] and extend the relief to a broader class of exchange traded funds (ETFs).
  • Industry is invited to provide feedback on our proposal.

½ñÈÕÈÈÃÅʼþis seeking feedback from the investment management industry on our proposal to remake the ½ñÈÕÈÈÃÅʼþClass Order Relief to facilitate quotation of exchange traded funds on the AQUA (ASX Quoted Assets) Market.

Consultation Paper 374 Remaking ½ñÈÕÈÈÃÅʼþClass Order on Exchange Traded Funds: [CO 13/721] sets out ASIC’s proposed amendments to [CO 13/721].

[CO 13/721] affords equal treatment relief for responsible entities and corporate directors (issuers), ongoing disclosure relief, relevant interest relief as well as substantial holding and beneficial trading relief for issuers. The class order is due to expire on 1 April 2024.

½ñÈÕÈÈÃÅʼþproposes to continue the relief currently provided in [CO 13/721] with an amendment to provide an extension of the current relief to a broader class of ETFs. This includes all types of quoted managed investment schemes and sub-funds of a corporate collective investment vehicle (CCIV), not limited to those funds which are passively managed and track an index. However, we do not propose to extend the legislative instrument to funds which employ internal market making.

Providing feedback

½ñÈÕÈÈÃÅʼþinvites submissions from stakeholders on our proposal. Submissions should be sent by 5pm on 5 January 2024, to im.sunsettingconsultation@asic.gov.au.

Background

Under the Legislation Act 2003, all class orders are repealed automatically or ‘sunset’ after a period (usually 10 years) unless ½ñÈÕÈÈÃÅʼþtakes action to preserve them.

½ñÈÕÈÈÃÅʼþissued on 15 October 2013. ½ñÈÕÈÈÃÅʼþconsiders [CO 13/721] to be operating effectively and efficiently and continues to form a necessary and useful part of the legislative framework.

Ìý

½ñÈÕÈÈÃÅʼþis Australia’s corporate, markets and financial services regulator.