Document ID: chunk:federal_register_of_legislation:F2024C01249:reg:15:p68
Version: federal_register_of_legislation:F2024C01249
Segment Type: reg
Provision Reference: reg 15 (pt 68/73)
Character Range: 1858749–1861552

the product.
 (3) If Division 2 of Part 7.9 of the Act does not apply to the financial product, subsection 992A(3) of the Act applies in relation to a financial product that is not mentioned in subregulation (2) as if paragraphs 992A(3)(c), (d) and (e) were omitted.

Division 38—Security bonds issued before FSR commencement

10.2.199  Security bonds
 (1) For section 1444 of the Act, this regulation applies in relation to a financial services licensee who became a regulated principal mentioned in item 1 or 2 of the table in section 1430 of the Act at the FSR commencement.
 (2) Regulations 7.3.04, 7.3.06 and 7.3.07 of the old Corporations Regulations, and any associated provisions, continue to apply in relation to the regulated principal's regulated activities.
 (3) The regulations mentioned in subregulation (2) continue to apply after the end of the transition period for the regulated principal.

Division 39—Disclosure documents

10.2.200  Disclosure documents—cooling‑off period
 (1) For section 1444 of the Act, this regulation applies in relation to a document if:
 (a) the document is a prospectus or other disclosure document for a financial product; and
 (b) the issuer of the financial product is a regulated principal to which Division 2 of Part 7.9 of the Act does not apply in relation to the financial product; and
 (c) the particular document:
 (i) was publicly available; or
 (ii) had been distributed to users; or
 (iii) had been lodged with ASIC; or
 (iv) was otherwise in existence and in use, or available for use;
  before the FSR commencement.
 (2) The issuer of the financial product is not civilly or criminally liable in relation to information about the cooling off regime applying after the FSR commencement if:
 (a) the confirmation of the transaction:
 (i) provides a statement of the cooling‑off regime that applies in respect of the acquisition of that product; and
 (ii) states that the information in the confirmation of the transaction supersedes the information in that document; or
 (b) the responsible person amends the disclosure document to include information on any cooling‑off regime.

Division 41—Requirements if Product Disclosure Statement is not in existence

10.2.202  Documents equivalent to Product Disclosure Statement
 (1) For section 1444 of the Act, a reference in paragraph 949A(2)(c) of the Act to a Product Disclosure Statement includes:
 (a) in relation to a managed investment product to which Division 2 of Part 7.9 of the Act does not yet apply—a disclosure document for the product; and
 (b) in relation to a derivative to which Division 2 of Part 7.9 of the Act does not yet apply—information mentioned in section 1210 of the old Corporations Act; and
 (c) in relation to a superannuation product to which Division 2 of Part 7.9 of