Document ID: chunk:federal_register_of_legislation:C2025C00185:section:1016a:p1
Version: federal_register_of_legislation:C2025C00185
Segment Type: section
Provision Reference: s 1016A (pt 1/3)
Character Range: 4360353–4363086

1016A  Provisions relating to use of application forms
 (1) In this section:
defective, in relation to a Product Disclosure Statement as at a particular time, means that the Product Disclosure Statement, if it had been given to a person at that time, would have been defective as defined in Subdivision A of Division 7.
Note: Information in a Supplementary Product Disclosure Statement is taken to be contained in the Product Disclosure Statement it supplements (see section 1014D).
eligible application, in relation to a restricted issue or restricted sale of a relevant financial product, means an application that satisfies the following requirements:
 (a) the application is made using an application form; and
 (b) the application form used to apply for the product:
 (i) was included in, or accompanied, a Product Disclosure Statement (relating to the product) that was given to the applicant and that was not defective as at the time when the application was made; or
 (ii) was copied, or directly derived, by the applicant from a form referred to in subparagraph (i); and
 (c) all other applicable requirements (if any) in regulations made for the purposes of this paragraph are satisfied in relation to the application.
Note: Information in a Supplementary Product Disclosure Statement is taken to be contained in the Product Disclosure Statement it supplements (see section 1014D).
relevant financial product means:
 (a) a managed investment product; or
 (aa) a foreign passport fund product; or
 (b) a superannuation product; or
 (c) an investment life insurance product; or
 (d) an RSA; or
 (db) a margin lending facility; or
 (e) a financial product of a kind specified in regulations made for the purposes of this paragraph.
relevant superannuation entity means a superannuation entity of a kind specified in regulations made for the purposes of this definition.
restricted issue means an issue of a relevant financial product to a person as a retail client, other than an issue covered by either of the following paragraphs:
 (a) an issue in a situation, or pursuant to an offer made in a situation, to which a subsection, other than subsection (1), of section 1012D applies; or
 (b) an issue in a situation, or pursuant to an offer made in a situation, to which section 1012E or 1012F applies.
restricted sale means a sale of a relevant financial product pursuant to an offer that:
 (a) is of a kind described in subsection 1012C(3) or (4); and
 (b) is not made in a situation to which a subsection, other than subsection (1), of section 1012D applies.
 (2) A person (the issuer or seller) must only make a restricted issue or a restricted sale of a relevant financial product to a person (the recipient) if:
 (a) the