{"id":"F2007L00914","name":"ASIC Class Order [CO 07/189]","slug":"asic-class-order-co-07-189","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":64722,"registerId":"commonwealth-F2007L00914-current","compilationNumber":null,"startDate":"2026-04-02","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Corporations Act 2001—Paragraph 601QA(1)","sectionType":"part","heading":"Corporations Act 2001—Paragraph 601QA(1)(a)—Exemption","content":"# Corporations Act 2001—Paragraph 601QA(1)(a)—Exemption","sortOrder":0},{"sectionNumber":"Enabling legislation","sectionType":"part","heading":"Enabling legislation","content":"## Enabling legislation\n\n1.  The Australian Securities and Investments Commission (ASIC) makes this instrument under paragraph 601QA(1)(a) of the Corporations Act 2001 (the Act).","sortOrder":1},{"sectionNumber":"Title","sectionType":"part","heading":"Title","content":"## Title\n\n2. This instrument is ASIC Class Order \\[CO 07/189\\].","sortOrder":2},{"sectionNumber":"Commencement","sectionType":"part","heading":"Commencement","content":"## Commencement\n\n3. This instrument commences on the date it is registered under the Legislative Instruments Act 2003.\n\nNote: An instrument is registered when it is recorded on the Federal Register of Legislative Instruments (FRLI) in electronic form: ­see Legislative Instruments Act 2003, s 4 (definition of register). The FRLI may be accessed at [http://www.frli.gov.au/](http://www.frli.gov.au/).","sortOrder":3},{"sectionNumber":"Exemption","sectionType":"part","heading":"Exemption","content":"## Exemption\n\n4. A person who operates a managed investment scheme which involves an owner of real property that may not lawfully be used as a residence, in the owner’s discretion, making that real property available for use by a person as part of a serviced apartment, hotel, motel or resort complex, does not have to comply with section 601ED of the Act. This exemption only applies where the interests in the scheme are exempt from:\n\n(a) Part 7.6 of the Act (other than Divisions 4 and 8); and\n\n(b) section 992AA of the Act; and\n\n(c) section 1017F of the Act;\n\nbecause of an instrument in substantially the same terms as ASIC Pro Forma 187 (as at the date the instrument was made).\n\nDated this 30th day of March 2007\n\nSigned by Brendan Byrne\n\nas a delegate of the Australian Securities and Investments Commission","sortOrder":4}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-batch","completionTokens":2130},"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The instrument remains tightly focused on its original purpose of exempting serviced accommodation schemes from managed investment scheme registration, conditional upon existing licensing exemptions. No evidence of scope creep."},"complexity_factors":["Conditional application dependent on separate template instrument (ASIC Pro Forma 187)","Cross-references to 5 distinct sections of the Corporations Act including partial references (Part 7.6 excluding Divisions 4 and 8)","Technical legal distinction: property 'may not lawfully be used as a residence'","Requires understanding of managed investment scheme registration vs financial services licensing exemptions","Nested exemption structure (exemption from registration contingent upon exemption from licensing)"],"plain_english_summary":"This class order lets operators of serviced apartments, hotels, motels or resort rental pools skip registering their arrangement as a managed investment scheme when participating units are legally prevented from being used as private homes.  \n\nThe exemption only applies where the scheme’s interests already qualify under ASIC’s Pro Forma 187 for relief from certain consumer-protection rules — reducing registration cost and compliance for commercial accommodation operators but limiting investor protections."}},"importantCases":[],"_links":{"self":"/api/acts/asic-class-order-co-07-189","history":"/api/acts/asic-class-order-co-07-189/history","analysis":"/api/acts/asic-class-order-co-07-189/analysis","conflicts":"/api/acts/asic-class-order-co-07-189/conflicts","importantCases":"/api/acts/asic-class-order-co-07-189/important-cases","documents":"/api/acts/asic-class-order-co-07-189/documents"}}