CORPORATIONS ACT 2001

CHAPTER 7 - FINANCIAL SERVICES AND MARKETS  

PART 7.9 - FINANCIAL PRODUCT DISCLOSURE AND OTHER PROVISIONS RELATING TO ISSUE, SALE AND PURCHASE OF FINANCIAL PRODUCTS  

Division 2 - Product Disclosure Statements  

Subdivision C - Preparation and content of Product Disclosure Statements  

SECTION 1013FA   INFORMATION NOT REQUIRED TO BE INCLUDED IN PDS FOR CONTINUOUSLY QUOTED SECURITIES  

1013FA(1)   [ Application]  

This section applies to a Product Disclosure Statement that relates to a continuously quoted security.

1013FA(2)   [ When information not required]  

Despite anything in section 1013D , 1013E or 1013F , information is not required to be included in the Product Disclosure Statement if:


(a) the information is included in any of the following documents:


(i) the annual financial report most recently lodged with ASIC by the issuer of the product;

(ii) any half-year financial report lodged with ASIC by the issuer of the product 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 issuer of the product after the lodgment of that annual financial report and before the date of the Product Disclosure Statement; and


(b) the Product Disclosure Statement:


(i) states that as a disclosing entity, the issuer of the product is subject to regular reporting and disclosure obligations; and

(ii) informs people of their right to obtain a copy of any of the documents referred to in paragraph (a).

If the Product Disclosure Statement informs people of their right to obtain a copy of the document, the issuer of the product must give a copy of the document free of charge to anyone who asks for it.

1013FA(3)   [ ASIC determination]  

ASIC may determine that this section does not apply to Product Disclosure Statements for continuously quoted securities if ASIC is satisfied that in the previous 12 months:


(a) the issuer of the continuously quoted securities contravened:


(i) the provisions of Chapter 2M ; or

(ii) subsection 674(2) or 675(2) ; or

(iii) subsection 1012DAA(10) or 1012DA(9) ; or

(iv) section 1308 as it applies to a notice under subsection 1012DAA(2) or 1012DA(5) ; or


(b) the responsible person for the Product Disclosure Statement contravened section 1016E , 1021D , 1021E or 1021J .

1013FA(4)   [ Publication of determination]  

The determination must be made in writing and ASIC must publish a copy of the determination in the Gazette .


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