Document ID: chunk:federal_register_of_legislation:C2025C00185:section:719a:p1
Version: federal_register_of_legislation:C2025C00185
Segment Type: section
Provision Reference: s 719A (pt 1/3)
Character Range: 2793802–2796699

719A  Lodging supplementary or replacement document—2‑part simple corporate bonds prospectus

Need for a supplementary or replacement document
 (1) If the person making an offer of simple corporate bonds under a 2‑part simple corporate bonds prospectus becomes aware of:
 (a) a misleading or deceptive statement in the 2‑part simple corporate bonds prospectus; or
 (b) an omission from the 2‑part simple corporate bonds prospectus of information required by section 713C, 713D or 713E; or
 (c) a new circumstance that:
 (i) has arisen since the 2‑part simple corporate bonds prospectus was lodged with ASIC; and
 (ii) would have been required by section 713C, 713D or 713E to be included in the 2‑part simple corporate bonds prospectus if it had arisen before the 2‑part simple corporate bonds prospectus was lodged;
that is materially adverse from the point of view of an investor, the person may:
 (d) if the statement, omission or circumstance relates to the base prospectus component of the 2‑part simple corporate bonds prospectus:
 (i) include material in an offer‑specific prospectus that supplements or modifies the base prospectus; or
 (ii) lodge a replacement document with ASIC; or
 (e) if the statement, omission or circumstance relates to the offer‑specific prospectus component of the 2‑part simple corporate bonds prospectus—lodge a supplementary or replacement document with ASIC.
Note 1: Section 728 makes it an offence to continue making offers after the person has become aware of a misleading or deceptive statement, omission or new circumstance that is materially adverse from the point of view of an investor unless the deficiency is corrected.
Note 2: Because of section 713E, a 2‑part simple corporate bonds prospectus may be taken to include information in another document. This should be taken into account when considering whether the prospectus is deficient.
Note 3: A base prospectus may be supplemented or modified by the offer‑specific prospectus for a particular offer, see subsection 713D(7).
Note 4: The power to issue a supplementary or replacement document is not limited to the situations dealt with in this section.
Note 5: This section applies to a document that has already been previously supplemented or replaced.
Note 6: See section 720 for the consents that need to be obtained before lodgement.
 (2) If the person making the offer becomes aware that information in the base prospectus component of the 2‑part simple corporate bonds prospectus is not worded and presented in a clear, concise and effective manner, the person may lodge a replacement document with ASIC.
Note: A base prospectus may be supplemented or modified by the offer‑specific prospectus for a particular offer, see subsection 713D(7).
 (3) If the person making the offer becomes aware that information in the offer‑specific prospectus component of the 2‑part simple corporate bonds