Corporations Act 2001

ASIC may reinstate the registration of a managed investment scheme if ASIC is satisfied that the scheme should not have been deregistered or if the defect that led to the scheme being deregistered has been remedied.

The Court may make an order that ASIC reinstate the registration of a managed investment scheme if:

an application for reinstatement is made to the Court by:

a person aggrieved by the deregistration; or

a person who was winding up the scheme; and

the Court is satisfied that it is just that the scheme’s registration be reinstated.

The Court may give any directions it thinks just for putting the scheme and other people in the same position, as far as possible, as if the scheme had not been deregistered.

ASIC must give notice of a reinstatement in the Gazette. If ASIC exercises its power under subsection (1) in response to an application by a person, ASIC must also give notice of the reinstatement to the applicant.

The reinstatement of the registration of a managed investment scheme as a registered scheme does not result in the scheme becoming an Australian passport fund, even if the scheme was an Australian passport fund immediately before its deregistration.