Document ID: chunk:federal_register_of_legislation:F2022L01274:body:0:p8
Version: federal_register_of_legislation:F2022L01274
Segment Type: other
Provision Reference: 
Character Range: 18728–21631

on behalf of the issuer or seller does not contain any false, misleading or deceptive statements;

    Distinguishing trademark or logo

           (m) except as permitted by paragraph 5(2)(e), the issuer  or seller does not publish or cause to be published in any publication the name or any distinguishing trademark or logo of the issuer or seller;

    Endorsed material

           (n)  where the issuer or seller causes or authorises endorsed material to be included in a publication or referred to at a meeting, the issuer or seller:

              (i) obtains the prior written consent of the endorser to include or refer to the endorsed material in the publication or at the meeting;

              (ii) states in the publication or at the meeting that the endorser has consented to the inclusion of or reference to the endorsed material, and has not withdrawn that consent;

              (iii) indicates in the publication and at the meeting the information that the endorser has provided to the issuer or seller about the extent of the enquiries the endorser has made in order to make the endorsement, verification or assessment;

              (iv) discloses in the publication or by a statement in writing provided to each person at the meeting, as the case may be:

(A) the nature and extent of the interest of the endorser, including a statement of all amounts paid or agreed to be paid to the endorser in cash or financial products or otherwise by any person for services rendered by the endorser when the offer is made or referred to in the publication or at the meeting; and that existed within two years before the publication or the meeting, in connection with:

(I) the promotion, formation, or inception;

                      (II) any property to be acquired in connection with the promotion, formation or inception; and

                      (III) any services rendered in connection with the promotion, formation or inception,

of the scheme to which the endorsed material relates; and

(B) where the interest of the endorser consists of being a partner in a firm—the nature and extent of the interest of the firm in the matters referred to in sub-subparagraph (2)(n)(iv)(A).

7 Endorser

       (1) An endorser does not need to comply with any of the following in endorsing material for a publication in relation to an introduction service:

           (a) Part 7.9 of the Act; and

           (b) subsection 992A(1) of the Act.

Note: This exemption does not affect an endorser's obligations under Part 7.8A of the Act (design and distribution obligations.).

       (2) The exemption in subsection (1) applies where all the following are satisfied:

           (a)  the endorser gives ASIC a reliance notice that complies with the definition of 'reliance notice' in section 4 of this instrument;

           (b)  the endorser indicates in any endorsed material