Document ID: chunk:federal_register_of_legislation:F2023C00839:body:0:p13
Version: federal_register_of_legislation:F2023C00839
Segment Type: other
Provision Reference: 
Character Range: 29878–32704

obtained, the Product Disclosure Statement for an interest in the scheme.
Note: A Product Disclosure Statement for such interests must indicate that these documents are available on request: subsection 1013D(2B).".

6 Statements to be included in Product Disclosure Statement
Under paragraph 1020F(1)(c) of the Act, ASIC declares that Part 7.9 of the Act applies in relation to a responsible entity (except a responsible entity of a time-sharing scheme) as if section 1013D of the Act were modified or varied by inserting after subsection (2A):
           "(2B) Without limiting paragraph (1)(j), if the financial product is a managed investment product and the responsible entity of the registered scheme to which the product relates is required to prepare documents under subsections 601GAB(7) or (8) or 601GAC(7) or (8)—the Product Disclosure Statement must include statements to the effect that copies of the documents are available from the responsible entity at no charge.".

Part 3—Exemption

7 Equality of treatment
(1) A responsible entity of a registered scheme (except a responsible entity of a time-sharing scheme) does not have to comply with paragraph 601FC(1)(d) of the Act to the extent that it would prevent the responsible entity from:
(a) dealing with some members of the scheme in the way described in subsections 601GAA(10) and (11) as notionally inserted into the Act by this instrument; or
(b)  where subsection 601GAA(4) as notionally inserted into the Act by this instrument applies—treating members who hold interests of the same class differently by offering and issuing interests in accordance with ASIC Corporations (Share and Interest Purchase Plans) Instrument 2019/547; or
           (c) where an offer is made in accordance with a provision of the constitution of the scheme to the effect of subsection 601GAA(3) as notionally inserted into the Act by this instrument—requiring some or all of the members who are offered interests as wholesale clients to notify the responsible entity of their acceptance of the offer by a date that occurs before another date (other date), by which other members are to notify their acceptance, provided that interests are not issued to those first mentioned members before the earliest date on which they may be issued to the other members of the scheme. The responsible entity must specify the other date in the Product Disclosure Statement for the offer (or, if a Product Disclosure Statement does not have to be given because the offer is made in accordance with section 1012DAA of the Act, in the terms of the offer).
Note 1: The exemption in paragraph (b) allows the responsible entity to treat institutional and retail investors differently to the extent of the period that they are given to notify their acceptance of the offer. It does not permit the