Section 1227K — Corporations Act 2001: Certain actions taken to vary rights etc.

If: (a) a CCIV has a sub-fund to which only one class of shares is referable (the existing shares); and (b) the CCIV issues new shares that are also referable to that sub-fund; and (c) the rights attaching to the new shares are not the same as the rights attached to the existing shares; and (d) the rights attaching to the new shares are not provided for in: (i) the CCIV’s constitution; or (ii) a notice, document or resolution that is lodged with ASIC; the issue is taken to vary the rights attached to the existing shares.