Released 7 September 2009. Comments closed 19 October 2009.

Revised 19 September 2013.

This consultation paper sets out when we propose to advise the Minister to exercise the powers under s791C of the Corporations Act 2001 to exempt from the operation of Part 7.2 specialised financial markets that:

• are accessible exclusively by professional investors; and
• offer products that are not usually traded on public markets used by retail investors (e.g. products other than shares and managed investments).

This paper proposes some additional matters that may need to be addressed in conditions of any exemption.

We have prepared a draft regulatory guide that is attached reflecting the proposals outlined in this paper.

Note: The draft regulatory guide was revised in September 2013.

The Government announced on 24 August 2009 reforms to the supervision of Australia’s financial markets. This paper deals with entities exempt from holding a financial market licence so is not affected by those proposals.

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