Document ID: chunk:federal_register_of_legislation:F2024C01249:reg:15:p23
Version: federal_register_of_legislation:F2024C01249
Segment Type: reg
Provision Reference: reg 15 (pt 23/73)
Character Range: 1745600–1748287

a class of financial products that includes the financial product;
for which a notice has been lodged with ASIC in accordance with paragraph 1438(3)(b) of the Act.
 (2) At any time in the period of 3 months ending immediately before the date specified in the notice in accordance with paragraph 1438(3)(b) of the Act, the issuer of the financial product may decide to comply with Division 4 of Part 7.9 of the Act in relation to the financial product.
 (3) If the product issuer makes the decision mentioned in subregulation (2):
 (a) Division 4 of Part 7.9 of the Act applies in relation to the financial product until the date specified in the notice; and
 (b) section 734 of the old Corporations Act does not apply in relation to the financial product.
Note: Under subsection 1438(5) of the Act, it is possible for the date specified in accordance with paragraph 1438(3)(b) of the Act to be changed.
 (4) If the notice is lodged with ASIC less than 3 months before the date specified in the notice in accordance with paragraph 1438(3)(b) of the Act, subregulation (2) applies only during the period:
 (a) starting when the notice is lodged; and
 (b) ending immediately before the date specified in the notice.

10.2.73B  Freezing accounts
 (1) For section 1444 of the Act, this regulation applies if a person:
 (a) holds or held a licence under Chapter 7 or 8 of the old Corporations Act in relation to an activity; and
 (b) the licence is revoked or suspended at any time before or after the FSR commencement.
 (2) Subsection 983A(3) of the Act applies to the person as if the person were a person who holds, or has at any time held, an Australian financial services licence that has been revoked or suspended.

Division 16—Product disclosure provisions for existing products during transition period

10.2.74  Financial products in the same class
 (1) For subsection 1410(2) of the Act, this regulation identifies what constitutes a class of financial products for subsection 1438(1) of the Act.
 (2) Subject to subregulation (2A), a managed investment product is in the same class as another financial product only if:
 (a) the other financial product is a managed investment product; and
 (b) both products are interests in registered schemes that have the same responsible entity; and
 (c) at the FSR commencement, the responsible entity's licence to operate registered schemes would have authorised the operation of both registered schemes.
 (2A) A financial product that is an interest in a registered scheme is in the same class as another financial product if the other financial product is an interest in the same registered scheme.
 (3) A derivative is in the same class as