Corporations Act 2001
View history note
Hide history noteCCH Note: Division 4 is modified by the ASIC Corporations (Investor Directed Portfolio Services Provided Through a Registered Managed Investment Scheme) Instrument 2023/668; and the ASIC Corporations (Investor Directed Portfolio Services) Instrument 2023/669.
CCH Note: Section 712 is modified by the ASIC Corporations (Investor Directed Portfolio Services Provided Through a Registered Managed Investment Scheme) Instrument 2023/668; and the ASIC Corporations (Investor Directed Portfolio Services) Instrument 2023/669.
Prospectus may simply refer to material lodged with ASIC
712(1)
Instead of setting out information that is contained in a document that has been lodged with ASIC, a prospectus may simply refer to the document. The reference must: (a) identify the document or the part of the document that contains the information; and (b) inform people of their right to obtain a copy of the document (or part) under subsection (5) .
[ CCH Note 1: S 712(1) will be amended by No 69 of 2020, s 3, Sch 1[1071] and [ 1072], by substituting " held by the Registrar " for " lodged with ASIC " in the heading and " is covered by subsection (1A) " for " has been lodged with ASIC " , (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
[ CCH Note 2: S 712(1A) will be inserted by No 69 of 2020, s 3, Sch 1[1073] (effective 1 July 2026 or a day or days to be fixed by Proclamation). S 712(1A) will read:
712(1A)
This subsection covers a document that:
(a) is held by the Registrar (including a document that was lodged with ASIC); and
(b) may be accessed by the public in accordance with the disclosure framework.]
712(2)
The reference must also include: (a) if the information is primarily of interest to professional analysts or advisers or investors with similar specialist information needs:
(i) a description of the contents of the document (or part); and
(b) in any other case - sufficient information about the contents of the document to allow a person to whom the offer is made to decide whether to obtain a copy of the document (or part).
(ii) a statement to the effect that the information in the document (or part) is primarily of interest to those people; or
712(3)
The document (or part) referred to under subsection (1) is taken to be included in the prospectus.
712(4)
A person who wishes to take advantage of subsection (1) may lodge a document with ASIC even if this Act does not require the document to be lodged.
[ CCH Note: S 712(4) will be amended by No 69 of 2020, s 3, Sch 1[1074] and [ 1075], by substituting " the Registrar " for " ASIC " and inserting " However, the document must satisfy paragraph (1A)(b) and meet any requirements of the data standards. " at the end of subsection, (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
712(5)
If the prospectus is taken to include a document, or part of a document, under subsection (1) , the person making the offer must give a copy of the document (or part) free of charge to anyone who asks for it during the application period of the prospectus.
Section does not apply to 2-part simple corporate bonds prospectus
712(6)
This section does not apply to a 2-part simple corporate bonds prospectus.
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