DUTIES ACT 2000 - SECT 89P Definitions

DUTIES ACT 2000 - SECT 89P

    (1)     In this Division—

"qualified investor" in a unit trust scheme means a person who holds units in the unit trust scheme in any of the following capacities—

        (a)     as trustee of a complying superannuation fund that has no less than 300 members;

        (b)     as trustee of a complying approved deposit fund that has no less than 300 members;

        (c)     as trustee of a pooled superannuation trust;

        (d)     as trustee of a public unit trust scheme;

        (e)     as trustee of a wholesale unit trust scheme;

        (f)     as a listed company;

        (g)     as a life company, if its holding of the units in the unit trust scheme is an investment of a statutory fund maintained by it under the Life Insurance Act 1995 of the Commonwealth;

        (h)     as the Crown in right of the Commonwealth, a State or a Territory (including any statutory body representing the Crown in right of the Commonwealth, a State or a Territory);

              (i)     as, for or on behalf of an entity established and wholly-owned by a government agency of a State or Territory or the Commonwealth and primarily used for the purpose of meeting statutory government liabilities or obligations;

        (j)     as agent, nominee or custodian for a person or entity referred to in any of the preceding paragraphs, in the capacity as such an agent, nominee or custodian and in accordance with the terms of appointment of the agent, nominee or custodian;

        (k)     as custodian or trustee for an investor directed portfolio service, within the meaning of the relevant ASIC policy statement, if the custodian or trustee holds its interest in the unit trust scheme for no less than 300 clients as investors through the service, none of whom (individually or together with any associated person) is beneficially entitled to more than 20% of the units held by the custodian or trustee in the unit trust scheme;

        (l)     in a capacity approved by the Commissioner under subsection (4);

"relevant ASIC policy statement" means the policy statement "PS 148: Investor Directed Portfolio Services" published by the Australian Securities and Investments Commission, or any other policy statement published by that Commission that the Commissioner from time to time approves for the purposes of this Division.

S. 89P(2) amended by No. 41/2013 s. 25.

    (2)     For the purposes of paragraph (g) of the definition of qualified investor in subsection (1), the holding of units by a life company by way of an investment of a statutory fund of the life company is taken to be a holding of units by the life company in a separate capacity from a holding of units by the life company by way of investment of another statutory fund of the life company.

    (3)     For the purposes of paragraph (j) of the definition of qualified investor in subsection (1), the holding of units by an agent, nominee or custodian for any one or more of the persons or entities referred to in subsection (1)(a) to (i) is taken to be a separate holding of units by the agent, nominee or custodian in relation to each person or entity.

    (4)     The Commissioner may approve a capacity to be a capacity for the purposes of paragraph (l) of the definition of qualified investor in subsection (1) if satisfied that—

S. 89P(4)(a) amended by No. 26/2015 s. 8.

        (a)     the capacity corresponds to a capacity referred to in paragraph (a), (b), (c), (d), (e), (f), (g) or (j) of that definition under the law of an external Territory or of a country outside Australia; or

        (b)     the capacity is as a wholly owned subsidiary (within the meaning of the Corporations Act) or wholly owned trust of a person in a capacity referred to in paragraph (a).

S. 89PA inserted by No. 19/2023 s. 14.