Document ID: chunk:federal_register_of_legislation:C2005C00498:clause:1_1016a:p1
Version: federal_register_of_legislation:C2005C00498
Segment Type: clause
Provision Reference: sch 1 cl 1016A (pt 1/3)
Character Range: 576351–579174

1016A  Provisions relating to use of application forms

 (1) In this section:

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 given to the applicant that contained all the information that would have been required to be contained in a Product Disclosure Statement for the product given at the time of the making of the application; 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
 (b) a superannuation product; or
 (c) an investment life insurance product; or
 (d) an RSA product; 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.

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

standard employer‑sponsor has the same meaning as in the Superannuation Industry (Supervision) Act 1993.

standard employer‑sponsored fund has the same meaning as in the Superannuation Industry (Supervision) Act 1993.

standard employer‑sponsored member has the same meaning as in the Superannuation Industry (Supervision) Act 1993.

superannuation entity has the same meaning as in the Superannuation Industry (Supervision) Act 1993.

 (2) A person (the issuer or seller) must only make a restricted issue or a restricted sale of a relevant financial product to a