Document ID: chunk:federal_register_of_legislation:F2024L00376:body:0:p2
Version: federal_register_of_legislation:F2024L00376
Segment Type: other
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Character Range: 2650–5529

requirements of the ASX Operating Rules and ASX Settlement Operating Rules have not been satisfied in relation to the application and the confirmation; and
(d) the responsible entity reasonably believes that the Product Disclosure Statement referred to in the confirmation was available free of charge on the website of ASX as at the time the application was made; and
(e) mFund is the subject of an exemption under section 791C of the Act.

6 Conditions
 A responsible entity that relies on the exemption in section 5 must:
(a) within 5 business days after the issue of the interest notify the acquirer in writing that:
(i) there is a Product Disclosure Statement with the date specified in the electronic confirmation in relation to the acquirer's application that has information about the interest that should have been given to the acquirer; and
(ii) if the acquirer has not received that Product Disclosure Statement, the acquirer should inform the responsible entity, and the acquirer may obtain an electronic or paper copy from the responsible entity free of charge; and
(b) notify ASX in writing within 10 business days if it has reason to believe that a person who acquired an interest in the scheme as a retail client as a result of an application through mFund had not been given, before making the application, the Product Disclosure Statement for the interest that was specified in the electronic confirmation in relation to the application; and
(c) keep for 7 years:
(i) records demonstrating that it has complied with the requirements of paragraph 6(a); and
(ii) a copy of all applications received through mFund; and
(iii) a record of any statement by an acquirer that states or implies that the acquirer was not given, before applying through mFund, the Product Disclosure Statement that was specified in the electronic confirmation in relation to the acquirer's application.

7 Application where there is a Supplementary Product Disclosure Statement
         Sections 5 and 6 (other than subparagraph 5(2)(b)(ii)) apply in relation to a Product Disclosure Statement that has been supplemented by one or more Supplementary Product Disclosure Statements as if:
(a) a reference to a Product Disclosure Statement were a reference to a Product Disclosure Statement and each Supplementary Product Disclosure Statement which supplements it; and
(b) a reference to the date of a Product Disclosure Statement were a reference to the date of the most recent Supplementary Product Disclosure Statement that supplements it.
           Note:  In determining whether a Product Disclosure Statement is defective for the purposes of subparagraph 5(2)(b)(ii), information in a Supplementary Product Disclosure Statement that supplements the Product Disclosure Statement is taken to be contained in the Product Disclosure Statement: see the definition of defective in subsection