Corporations Act 2001
This section applies to a Product Disclosure Statement that relates to managed investment products that are ED securities. 1013I(2)
The Product Disclosure Statement must include a statement that:
(a) as a disclosing entity, the scheme is subject to regular reporting and disclosure obligations; and
(b) copies of documents lodged with ASIC in relation to the scheme may be obtained from, or inspected at, an ASIC office.
[ CCH Note: S 1013I(2) will be amended by No 69 of 2020, s 3, Sch 1, by substituting para (b) (effective 22 June 2022 or a day or days to be fixed by Proclamation). Para (b) will read:
(b) the Registrar provides access to copies of documents lodged with the Registrar in relation to the scheme.]
The Product Disclosure Statement must either:
(a) inform people of their right to obtain a copy of the following documents:
(i) the annual financial report most recently lodged with ASIC by the scheme;
(ii) any half-year financial report lodged with ASIC by the scheme after the lodgment of that annual financial report and before the date of the Product Disclosure Statement;
(iii) any continuous disclosure notices given by the scheme after the lodgment of that annual report and before the date of the Product Disclosure Statement; or
(b) include, or be accompanied by, a copy of the relevant document or documents.
[ CCH Note: S 1013I(3) will be amended by No 69 of 2020, s 3, Sch 1, by substituting " the Registrar " for " ASIC " in para (a)(i) and (ii) (effective 22 June 2022 or a day or days to be fixed by Proclamation).]
(a) the Product Disclosure Statement informs people of their right to obtain a copy of a document referred to in subsection (3); and
(b) a person asks the issuer (in the case of an issue Statement) or the seller (in the case of a sale Statement) for a copy of the document;
the issuer or seller must give (see subsection (5)) the person a copy of the document free of charge as soon as practicable, and in any event within 5 days, after receiving the person's request.
Note: Failure to comply with this subsection is an offence (see subsection 1311(1) ).1013I(5)
In subsection (4), give means give in a way that would satisfy the requirements of section 1015C if the copy of the document were a Statement to which that section applied.