Document ID: chunk:federal_register_of_legislation:C2025C00185:section:1240h
Version: federal_register_of_legislation:C2025C00185
Segment Type: section
Provision Reference: s 1240H
Character Range: 5265144–5266912

1240H  Offering securities of a CCIV or sub‑fund that does not exist
 (1) A person must not offer securities of a CCIV that does not exist if the offer would give rise to an obligation to give a Product Disclosure Statement under Chapter 7 (as that Chapter applies to securities in a CCIV under Division 4 of Part 8B.7) if the CCIV did exist.
 (2) A person must not offer securities of a CCIV that are referable to a sub‑fund of the CCIV that has not been established if the offer would give rise to an obligation to give a Product Disclosure Statement under Chapter 7 (as that Chapter applies to securities in a CCIV under Division 4 of Part 8B.7) if the sub‑fund were established.
Note 1: For when a sub‑fund is established, see section 1222T.
Note 2: For when shares and debentures are referable to a sub‑fund of a CCIV, see sections 1230 (for shares) and 1231N (for debentures).
 (3) Subsections (1) and (2) apply even if it is proposed to incorporate the CCIV or register the sub‑fund.
 (4) In this section, securities has the same meaning as it has in Chapter 6D (apart from section 1240G).
 (5) For the purposes of subsection (2), a security referred to in paragraph 95(c) or (d) is taken to be referable to the sub‑fund of the CCIV to which the relevant security covered by paragraph 95(a) or (b) is, or would be, referable.
Note: For example, an option to acquire by way of issue a share in a CCIV (covered by paragraph 95(d)) is referable to the sub‑fund of the CCIV to which the share (covered by paragraph 95(a)) is referable.
 (6) The following provisions apply in relation to this section in the same way the provisions apply in relation to Chapter 6D:
 (a) subsection 700(4);
 (b) sections 702, 703 and 703A.

Division 4—Financial services and markets