Document ID: chunk:federal_register_of_legislation:C2004A01334:clause:7_1012da:p2
Version: federal_register_of_legislation:C2004A01334
Segment Type: clause
Provision Reference: sch 7 cl 1012DA (pt 2/4)
Character Range: 381447–384064

the issue of the relevant product, or any person as director or auditor of the issuer, at any time in that 12 months; and
 (d) no order under section 340 or 341 covered the issuer of the relevant product, or any person as director or auditor of the issuer, at any time in that 12 months; and
 (e) the issuer of the relevant product gives the relevant market operator for the issuer a written notice that complies with subsection (6) before the day on which the relevant conduct occurs.

 (6) A notice complies with this subsection if the notice:
 (a) is given within 5 business days after the day on which the relevant product was issued; and
 (b) states that the relevant product was issued without a Product Disclosure Statement for the relevant product being prepared; and
 (c) states that the notice is being given under paragraph (5)(e); and
 (d) states that, as a disclosing entity, the issuer of the relevant product is subject to regular reporting and disclosure obligations; and
 (e) 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 issuer (or, if the relevant financial product is an interest in a registered scheme, as those provisions apply to the scheme); and
 (ii) section 674 as it applies to the issuer (or, if the relevant financial product is an interest in a registered scheme, as that section applies to the scheme); and
 (f) sets out any information that is excluded information as at the date of the notice (see subsections (7) and (8)).

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 (9) of this section.

 (7) For the purposes of subsection (6), excluded information is information:
 (a) that has been excluded from a continuous disclosure notice in accordance with the listing rules of the relevant market operator to whom that notice is required to be given; and
 (b) that a person would reasonably require for the purpose of making a decision, as a retail client, whether to acquire the relevant product.

 (8) The notice given under subsection (5) must contain any excluded information only to the extent to which it is reasonable for a person considering, as a retail client, whether to acquire