Document ID: chunk:federal_register_of_legislation:F2024C01249:clause:10a_1013l:p12
Version: federal_register_of_legislation:F2024C01249
Segment Type: clause
Provision Reference: sch 10A cl 1013L (pt 12/17)
Character Range: 2247851–2250770

7.9.06B of the Corporations Regulations 2001.

17.2  After subsection 1012I(2B)
insert
 (2C) If a trustee of an exempt public sector superannuation scheme:
 (a) applies, in circumstances mentioned in regulation 7.9.06B of the Corporations Regulations 2001, on behalf of a person for the issue of an interest in a relevant superannuation entity; and
 (b) has not previously applied in those circumstances for the issue of an interest in that entity on behalf of any person;
the person (the issuer) who is to issue the interest to the person must, at or before the time when the interest is issued to the person, give the trustee a Product Disclosure Statement in accordance with this Division for the interest.

Part 18—Modification of Part 7.9 of the Act—New Zealand offer documents replace Product Disclosure Statements where an offer relates to interests in a New Zealand managed investment scheme

18.1  After subsection 1012D(9D)
insert

Recommendation, issue or sale situation—New Zealand mutual recognition scheme for securities
 (9E) In a recommendation situation, issue situation or sale situation, the regulated person does not have to give the client a Product Disclosure Statement for a financial product if:
 (a) the regulated person reasonably believes that there is a recognised offer under Chapter 8 in relation to offer of the financial product; and
 (b) the financial product is an interest in a managed investment scheme governed by the laws of New Zealand; and
 (c) the regulated person has provided the client the documents and information required to accompany that offer by the Financial Markets Conduct Act 2013 of New Zealand and the Financial Markets Conduct Regulations 2014 of New Zealand; and
 (d) the regulated person has provided the client any warning statement or details prescribed under section 1200E in relation to the offer.
 (9F) For paragraph (9E)(c), section 1015C applies to the providing of documents and information, as if the documents and information were a Statement.
 (9G) For paragraph (9E)(d), section 1015C applies to the providing of warning statement or details prescribed under section 1200E, as if the warning statement or details were a Statement.

Part 19—Modifications for carbon units, Australian carbon credit units and eligible international emissions units

19.1  Subsections 1012D(1) to (3), including the subheadings
substitute

Recommendation, issue or sale situation for carbon unit—statements on Clean Energy Regulator's website
 (1) Subject to subsections (2) and (3), in a recommendation situation, issue situation or sale situation for a carbon unit, the regulated person:
 (a) does not have to give the client a Product Disclosure Statement; and
 (b) must inform the client that the client should consider each statement about the carbon unit that is mentioned in section 202 of the Clean Energy Act 2011.

Recommendation, issue or sale situation