Document ID: chunk:federal_register_of_legislation:C2025C00185:section:1018a:p2
Version: federal_register_of_legislation:C2025C00185
Segment Type: section
Provision Reference: s 1018A (pt 2/3)
Character Range: 4433308–4436007

product—describes the target market or specifies where the description is available; and
 (d) indicates that a Product Disclosure Statement for the product will be made available when the product is released or otherwise becomes available; and
 (e) indicates when and where the Product Disclosure Statement is expected to be made available; and
 (f) indicates that a person should consider the Product Disclosure Statement in deciding whether to acquire, or continue to hold, the product.
Note 1: Failure to comply with this subsection is an offence (see subsection 1311(1)).
Note 2: Subsection (2) has an extended operation in relation to recognised offers under Chapter 8 (see subsection 1200L(4)).

Distribution of disclosure document
 (3) A person may distribute a Product Disclosure Statement without contravening subsection (1) or (2). This does not apply if an order under section 1020E is in force in relation to the product.
Note 1: A defendant bears an evidential burden in relation to the matters in this section. See subsection 13.3(3) of the Criminal Code.
Note 2: Subsection (3) has an extended operation in relation to recognised offers under Chapter 8 (see subsection 1200L(5)).

General exceptions
 (4) An advertisement or publication does not contravene subsection (1) or (2) if it:
 (a) relates to a financial product that is able to be traded on a financial market and consists of a notice or report by the issuer of the product, or one of its officers, about its affairs to the market operator; or
 (b) consists solely of a notice or report of a general meeting of the issuer; or
 (c) consists solely of a report about the issuer that is published by the issuer and:
 (i) does not contain information that materially affects affairs of the issuer, other than information previously made available in a Product Disclosure Statement that has been distributed, a disclosure document that has been lodged with ASIC, a CSF offer document that has been published on a platform of a CSF intermediary, an annual report or a notice or report referred to in paragraph (a) or (b); and
 (ii) does not refer (whether directly or indirectly) to the offer of the financial product; or
 (d) is a news report, or is genuine comment, in the media relating to:
 (i) a Product Disclosure Statement that has been distributed, a disclosure document that has been lodged with ASIC or a CSF offer document that has been published on a platform of a CSF intermediary; or
 (ii) information contained in such a Statement or document; or
 (iii) a notice or report covered by paragraph (a), (b) or (c); or
 (e) is a report about the financial products of the issuer published by someone who is not:
 (i) the