Document ID: chunk:federal_register_of_legislation:F2018L01253:body:0:p5
Version: federal_register_of_legislation:F2018L01253
Segment Type: other
Provision Reference: 
Character Range: 10697–13767

registered entity or a representative of the registered entity suggesting that the warning is no longer operative; and

           (v)          the investment product meets the description of the investment  products that, according to the statement, will not be covered by the depositor protection provisions in section 13A of the Banking Act;

       (j)            where APRA tells the  registered entity, in writing, that APRA is satisfied that the protection of investors' interests does not require a prudential supervision warning to be given:

           (i)            to the investor;

           (ii)         to a specified class of investors to which the investor belongs;

           (iii)       in respect of the investment product; or

           (i)            in respect of a specified class of investment products to which the investment product belongs.

Prudential supervision warning

    12.         For documents, electronic communications or other material described in Conditions 8 to 10, a prudential supervision warning is a statement that:

      (a)      the registered entity is not authorised under the Banking Act and is not supervised by APRA;

      (b)     the investment will not be covered by the depositor protection provisions in section 13A of the Banking Act; and

      (c)      the investment will not be covered by the financial claims scheme established under Division 2AA of the Banking Act.

Definitions

    13.         In this Schedule:

    ADI has the meaning given in section 5 of the Banking Act 1959.

    APRA means the Australian Prudential Regulation Authority.

    at-call product means a debenture payable on demand or up to and including 30 days from when a retail investor makes an investment in a retail product.

    authorised representative has the meaning given in section 761A of the Corporations Act.

    Banking Act means the Banking Act 1959.

    Corporations Act means the Corporations Act 2001.

    debenture has the meaning given in section 9 of the Corporations Act.

    disclosure document has the meaning given in Part 6D.2 of the Corporations Act.

    exempt public authority has the meaning given in section 9 of the Corporations Act

    financial product has the meaning given in Division 3 of Part 7.1 of the Corporations Act, but does not include securities.

    given, in paragraphs (a), (b) and (c) of Condition 10 and subparagraph (i)(i) of Condition 11, means given or sent in a way that would satisfy the requirements of section 1015C of the Corporations Act if the paper documents or electronic communications mentioned in those paragraphs or that subparagraph were Statements to which that section applies.

    investment product means:
      (a)   securities; or
      (b)   a financial product; or
      (c)   any other arrangement;
    that involves the taking of money on deposit.

    investor means the person to whom an investment product is issued or sold.

    issue:
       (a) in relation to securities – has the same meaning as in Part 6D.2 of the Corporations