Document ID: chunk:federal_register_of_legislation:C2025C00185:section:283bha
Version: federal_register_of_legislation:C2025C00185
Segment Type: section
Provision Reference: s 283BHA
Character Range: 1000422–1002564

283BHA  Additional requirements for describing debentures as secured notes

Advertisements and publications
 (1) If the borrower proposes to describe or refer to the debentures as secured notes in an advertisement or publication in relation to the offer, or intended offer, of debentures that requires a disclosure document—the borrower must ensure that the advertisement or publication includes:
 (a) a statement that the secured notes are not bank deposits; and
 (b) a statement that there is a risk that investors could lose some or all of their money.

Disclosure documents and quarterly reports
 (2) If the borrower proposes to describe or refer to the debentures as secured notes in a disclosure document or in a quarterly report prepared under section 283BF—the borrower must ensure that the disclosure document or quarterly report includes statements of the following:
 (a) key features of the security interest, including:
 (i)  that the security interest is first ranking; and
 (ii) the type of security interest; and
 (iii) the identity of the person providing the security interest; and
 (iv) the property constituting the security for the security interest;
 (b) that, in the borrower's assessment, the property that constitutes the security for the security interest is sufficient and is reasonably likely to be sufficient to meet the liabilities referred to in paragraph 283BH(4)(b);
 (c) if the value of the property that constitutes the security for the security interest may be affected by the financial position or performance of a related body corporate or related party of the borrower—that fact.

Borrower's website
 (3) If the borrower describes or refers to the debentures as secured notes on its website—the borrower must ensure that the reports, documents and notices mentioned in an item of the following table are published on the borrower's website in the period specified in that item:

Publication requirements
Item                      Document, report or notice                                                                                                                             Period for publication