Corporations Act 2001
[ 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.]
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