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 E - Other requirements relating to Product Disclosure Statements and Supplementary Product Disclosure Statements  

SECTION 1015C   HOW A STATEMENT IS TO BE GIVEN  

1015C(1)   [ Statement may be given or sent]  

A Statement:


(a) must be:


(i) given to a person, or the person's agent, personally; or

(ii) sent to the person, or the person's agent, at an address (including an electronic address) or fax number nominated by the person or the agent; and


(b) may be printed or be in electronic form.

1015C(2)   [ Sent to an address]  

For the purposes of this section, the Statement is sent to a person at an address if, and only if:


(a) the Statement is sent to the address; and


(b) either:


(i) the envelope or other container in which the Statement is sent; or

(ii) the message that accompanies the Statement;
is addressed to the person.

1015C(3)   [ Agent]  

The Statement may be given or sent to the person's agent only if the agent is not acting as the person's agent in one of the following capacities:


(a) a financial services licensee;


(b) an authorised representative of a financial services licensee;


(c) (Repealed)


(d) a person who is not required to hold an Australian financial services licence because the person is covered by:


(i) paragraph 911A(2) (j); or

(ii) an exemption in regulations made for the purposes of paragraph 911A(2) (k); or

(iii) an exemption specified by ASIC for the purposes of paragraph 911A(2) (l);


(e) a person who is required to hold an Australian financial services licence but who does not hold such a licence;


(f) an employee, director or other representative of a person referred to in paragraph (a), (b), (d) or (e).

1015C(4)   [ Regulations]  

The regulations may provide for alternative ways of giving a Statement to a person.

1015C(5)   [ Requirements specified by regulations]  

The regulations may specify requirements as to:


(a) the manner in which a Statement may be given to a person; and


(b) the presentation, structure and format for a Statement that is to be given in electronic form.

The giving of the Statement is not effective unless those requirements are satisfied.


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