Document ID: chunk:federal_register_of_legislation:C2025C00185:section:1012daa:p2
Version: federal_register_of_legislation:C2025C00185
Segment Type: section
Provision Reference: s 1012DAA (pt 2/3)
Character Range: 4284079–4286712

as it applies to the registered scheme in which the relevant product is an interest;
 (ba) section 674, 674A, 675 or 675A as it applies to the notified foreign passport fund in which the relevant product is an interest;
 (c) section 1016E, 1021D, 1021E or 1021J;
 (d) subsection (10) of this section;
 (e) section 1308 as it applies to a notice under subsection (2) of this section.
 (4) The determination must be made in writing and a copy must be published in the Gazette as soon as practicable after the determination is made.
 (5) The determination made under subsection (3) is not a legislative instrument.
 (6) A failure to publish a copy of the determination does not affect the validity of the determination.

Requirements for notice
 (7) A notice complies with this subsection if the notice:
 (a) states that the relevant product was issued without a Product Disclosure Statement for the relevant product being prepared; and
 (b) states that the notice is being given under paragraph (2)(f); and
 (c) states that, as a disclosing entity, the issuer of the relevant product is subject to regular reporting and disclosure obligations; and
 (d) if the relevant product is a managed investment product—states that, as at the date of the notice, the issuer of the relevant product has complied with:
 (i) the provisions of Chapter 2M as they apply to the registered scheme in which the relevant product is an interest; and
 (ii) sections 674 and 674A as they applies to that registered scheme; and
 (da) if the relevant product is a foreign passport fund product—states that, as at the date of the notice, the issuer of the relevant product has complied with:
 (i) the provisions of Chapter 2M as they apply to the fund in which the relevant product is an interest; and
 (ii) sections 674 and 674A as they apply to that fund; and
 (e) sets out any information that is excluded information as at the date of the notice (see subsections (8) and (9)); and
 (f) states:
 (i) the potential effect the issue of the relevant product will have on the control of the body; and
 (ii) the consequences of that effect.
Note 1: A person is taken not to contravene section 1021C if a notice purports to comply with this subsection but does not actually comply with this subsection: see subsection 1021C(5).
Note 2: A notice must not be false or misleading in a material particular, or omit anything that would render it misleading in a material respect: see sections 1308 and 1309. The issuer has an obligation to correct a defective notice: see subsection (10) of this section.
 (8) For the purposes of subsection (7), excluded information is