Document ID: chunk:federal_register_of_legislation:F2024C00736:body:0:p2
Version: federal_register_of_legislation:F2024C00736
Segment Type: other
Provision Reference: 
Character Range: 3461–6505

RSA provider has the same meaning as in the Retirement Savings Accounts Act 1997.

Part 2—Declaration

5 Facilitating electronic delivery of financial services disclosures

Definition of ETF and nominated electronic means

       (1)          Parts 7.7 and 7.9 of the Act apply in relation to a financial services licensee, an authorised representative of a financial services licensee, a financial product in relation to which a Product Disclosure Statement, a Supplementary Product Disclosure Statement or a Replacement Product Disclosure Statement is required or prepared, a CGS depository interest, a responsible person for a Product Disclosure Statement, an issuer of a financial product, a trustee of a superannuation entity and an RSA provider as if section 761A were modified or varied by inserting:
           "ETF (short for exchange traded fund) means a registered scheme or a sub-fund of a CCIV in relation to which all of the following are satisfied:
              (a) interests in the scheme or shares in the sub-fund are in a class that is able to be traded on a financial market operated by ASX or Cboe, but the scheme or sub-fund is not listed on either of those markets;
              (b) the responsible entity or CCIV has the power and approval to issue interests or shares in that class on any day that those interests or shares are able to be traded on the relevant financial market; and
              (c) the responsible entity or CCIV allows applications for, and redemptions of, interests or shares in that class on any day that those interests or shares are able to be traded on the relevant financial market.

           nominated electronic means: a document, information, statement or notification (each a relevant communication) is made available by a person (providing person) to another person (receiving person) by a nominated electronic means if and only if the following are satisfied:
(a) the providing person makes the relevant communication available by an electronic means and:

                  (i) if subparagraph (b)(i) or (ii) applies—notifies the receiving person orally or by giving the receiving person a notice in printed or electronic form:

                     (A) that the providing person has made the relevant communication available by the electronic means; and

                     (B) how the receiving person can obtain the relevant communications through, or by using, the electronic means; and

                  (ii) if subparagraph (b)(iii) applies to a relevant communication that is a periodic statement—a notification that the relevant communication is available is included on the website identified in the notice referred to in sub-subparagraph (b)(iii)(A);

                  Note:  A notification under subparagraph (a)(i) or (ii) must be made each time a relevant communication is made by a nominated electronic means. A standing notice may be given for the purposes of subparagraph (b)(ii) and sub-subparagraph (b)(iii)(A).

              (b) any of the following