Document ID: chunk:federal_register_of_legislation:C2025C00185:section:738w:p1
Version: federal_register_of_legislation:C2025C00185
Segment Type: section
Provision Reference: s 738W (pt 1/2)
Character Range: 2861105–2863977

738W  Company may provide replacement or supplementary CSF document in certain circumstances

When company may provide a replacement or supplementary CSF offer document
 (1) The company making a CSF offer may provide the responsible intermediary with a supplementary CSF offer document, or a replacement CSF offer document, to supplement or replace the CSF offer document (the affected offer document) as provided for in the following paragraphs:
 (a) if the company becomes aware that the affected offer document is defective, the company may provide a supplementary CSF offer document, or a replacement CSF offer document, that corrects the defect;
 (b) if the company becomes aware that the affected offer document does not comply with section 738K (other requirements for CSF offer documents), the company may provide a supplementary CSF offer document, or a replacement CSF offer document, that corrects the non‑compliance;
 (c) the company may provide a supplementary CSF offer document, or a replacement CSF offer document, in any other circumstances permitted by the regulations, and in accordance with any conditions prescribed by those regulations.
Note 1: Defective CSF offer documents give rise to liabilities under section 738Y.
Note 2: Regulations for the purpose of paragraph (c) may (for example) limit the kinds of changes that may be incorporated into a supplementary or replacement CSF offer document provided under that paragraph.
Note 3: This section applies to a CSF offer document that has already been previously supplemented or replaced.
 (2) A supplementary CSF offer document or a replacement CSF offer document:
 (a) must not be provided otherwise than as permitted by subsection (1); and
 (b) if it is provided as permitted by paragraph (1)(a) or (b)—must not incorporate any changes made otherwise than:
 (i) for the purpose of correcting a defect or non‑compliance as mentioned in that paragraph; or
 (ii) as permitted by the regulations; and
 (c) if it is provided as permitted by paragraph (1)(c)—must comply with any conditions imposed by regulations made for the purpose of that paragraph.

Form of supplementary or replacement CSF offer document
 (3) At the beginning of a supplementary CSF document, there must be:
 (a) a statement that it is a supplementary CSF offer document; and
 (b) an identification of the affected offer document it supplements; and
 (c) a statement that it is to be read together with the affected offer document.
 (4) At the beginning of a replacement CSF offer document, there must be:
 (a) a statement that it is a replacement CSF offer document; and
 (b) an identification of the affected offer document it replaces.

Responsible intermediary may publish supplementary or replacement CSF offer document on offer platform
 (5) If, in accordance with this section, the company making a CSF offer provides the