Corporations Act 2001
Pt 6D.2 heading substituted by No 17 of 2017, s 3, Sch 1 [ 7] (effective 28 September 2017).
[ CCH Note: S 713E heading will be amended by No 69 of 2020, s 3, Sch 1, by substituting " HELD BY THE REGISTRAR " for " LODGED WITH ASIC " , (effective 22 June 2022 or a day or days to be fixed by Proclamation).]
Instead of setting out information that is contained in a document (the lodged document ) that has been lodged with ASIC, a base prospectus or an offer-specific prospectus may simply refer to the lodged document. The reference must:
(a) identify the lodged document or the part of the lodged document that contains the information; and
(b) inform people of their right to obtain a copy of the lodged document (or part) under subsection (5).
[ CCH Note: S 713E(1) will be amended by No 69 of 2020, s 3, Sch 1, by substituting " lodged document " for " document (the lodged document ) that has been lodged with ASIC " , (effective 22 June 2022 or a day or days to be fixed by Proclamation).]
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 lodged document (or part); and
(ii) a statement to the effect that the information in the lodged document (or part) is primarily of interest to those people; or
(b) in any other case - sufficient information about the contents of the lodged document to allow a person to whom the offer is made to decide whether to obtain a copy of the lodged document (or part). 713E(3)
The lodged document (or part) referred to under subsection (1) is taken to be included in the base prospectus, or the offer-specific prospectus, as the case may be. 713E(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 713E(4) will be amended by No 69 of 2020, s 3, Sch 1 and [ 1088], by substituting " the Registrar " for " ASIC " and inserting " However, the document must satisfy paragraph (b) of the definition of lodged document (in subsection (6)) and meet any requirements of the data standards. " at the end of subsection, (effective 22 June 2022 or a day or days to be fixed by Proclamation).]
If the base prospectus, or the offer-specific prospectus, as the case may be, is taken to include a lodged document, or part of a lodged document, under subsection (1), the person making the offer must give a copy of the lodged document (or part) free of charge to anyone who asks for it during:
(a) in the case of a base prospectus - the covered period for the base prospectus (within the meaning of section 713C ); or
(b) in the case of an offer-specific prospectus - the application period for the offer-specific prospectus.
[ CCH Note : S 713E(6) will be inserted by No 69 of 2020, s 3, Sch 1 (effective 22 June 2022 or a day or days to be fixed by Proclamation). S 713E(6) will read:
A lodged document is 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.]
S 713E inserted by No 100 of 2014, s 3, Sch 1 [ 22] (effective 19 December 2014).
Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited
CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.
The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.