Document ID: chunk:federal_register_of_legislation:F2022L01274:body:0:p2
Version: federal_register_of_legislation:F2022L01274
Segment Type: other
Provision Reference: 
Character Range: 2718–5642

or indirectly refers to an offer or intended offer of scheme interests for issue or sale, or is reasonably likely to induce people to apply for the scheme interests;
(d)            makes a recommendation that a person acquire those scheme interests; and
       to any person acting for or on behalf of the issuer who makes or publishes such an offer, advertisement or publication, or who makes such a recommendation to acquire scheme interests.
            Note:  For the purposes of this instrument, an offer to sell scheme interests to which subsection 1012C(6) of the Act applies is treated as an offer for issue of those scheme interests and as having been made by the issuer of the scheme interests as well as by the person who offers them for sale.
       meeting means any meeting between an issuer or seller and potential investors which is organised and conducted by an operator and not held at the premises of any potential investor.

       operator means any person who conducts an introduction service, and through a publication or a meeting:

           (a) offers scheme interests for issue or sale;

           (b) advertises an offer or intended offer scheme interests for issue or sale;

           (c) makes a recommendation that a person acquire those scheme interests; or

           (d) publishes a statement that directly or indirectly refers to an offer or intended offer of scheme interests for issue or sale, or is reasonably likely to induce people to apply for the scheme interests.
       publication means a document or series of documents published by an operator, including any electronic publication, which principally contains information about persons other than the operator who are soliciting investments.

       publisher means a person other than an issuer, operator, seller or endorser who by publishing a publication:

           (a) offers scheme interests for issue or sale;

           (b) makes a recommendation that a person acquire those scheme interests;

           (c) advertises an offer or intended offer of scheme interests for issue or sale;

           (d) publishes a statement that directly or indirectly refers to an offer or intended offer of scheme interests for issue or sale, or is reasonably likely to induce people to apply for the scheme interests; or

           (e) is involved in making or publishing such recommendations, offers, advertisements or statements.

       reliance notice means a notice given to ASIC by a person relying on the relief in this instrument that sets out in writing all of the following:
(a)             the name of the person;
(b)             the capacity in which the person is acting in relation to the introduction service; and
(c)             the date the person will start to rely on anan exemption or exemptions in Part 2 of this instrument, being no earlier than the date of the reliance notice.
       scheme