Document ID: chunk:federal_register_of_legislation:F2024C01249:reg:15:p67
Version: federal_register_of_legislation:F2024C01249
Segment Type: reg
Provision Reference: reg 15 (pt 67/73)
Character Range: 1856302–1858966

to a person if:
 (a) the person is an insurance multi‑agent within the meaning of section 1434 of the Act; and
 (b) the person holds an Australian financial services licence granted in accordance with the procedures mentioned in that section; and
 (c) the person applies, at the end of the transition period in relation to the person, under section 913A of the Act, for an Australian financial services licence; and
 (d) section 1434 of the Act does not apply in relation to the application for an Australian financial services licence; and
 (e) ASIC proposes to consider only the matters mentioned in paragraphs 912A(1)(e) and (f) of the Act rather than all of the matters mentioned in subsection 912A(1) of the Act.
 (2) Paragraph 913B(1)(b) of the Act applies to the consideration of the application as if the reference to obligations that will apply under section 912A of the Act were a reference to the obligations that will apply under paragraphs 912A(1)(e) and (f) of the Act.

Division 37—Hawking of managed investment products

10.2.197  Hawking interest in managed investment scheme
 (1) For section 1444 of the Act, this regulation applies in relation to interests in managed investment schemes.
 (2) If Division 2 of Part 7.9 of the Act applies to an interest in a managed investment scheme:
 (a) section 992AA of the Act applies to the interest; and
 (b) section 736 of the old Corporations Act does not apply to the interest.
 (3) If Division 2 of Part 7.9 of the Act does not apply to an interest in a managed investment scheme, sections 992A and 992AA of the Act do not apply to the interest.

10.2.198  Hawking financial product—other arrangements
 (1) For section 1444 of the Act, this regulation applies in relation to a financial product.
 (2) If Division 2 of Part 7.9 of the Act does not apply to the financial product, a reference in section 992A of the Act to a Product Disclosure Statement in relation to the financial product includes:
 (a) in relation to a derivative—information mentioned in section 1210 of the old Corporations Act; and
 (b) in relation to a superannuation product—information mentioned in section 153 or 159 of the SIS Act, as in force immediately before the FSR commencement; and
 (c) in relation to an RSA product—information mentioned in section 56 of the RSA Act, as in force immediately before the FSR commencement; and
 (d) in relation to a managed investment product—a disclosure document for the product.
 (3) If Division 2 of Part 7.9 of the Act does not apply to the financial product, subsection 992A(3) of the Act applies in relation to a financial product that is not mentioned in subregulation (2) as if