(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.