Document ID: chunk:federal_register_of_legislation:C2005C00498:clause:1_1018a:p1
Version: federal_register_of_legislation:C2005C00498
Segment Type: clause
Provision Reference: sch 1 cl 1018A (pt 1/3)
Character Range: 627664–630452

1018A  Advertising or other promotional material for financial product must refer to Product Disclosure Statement

Advertisements and promotional material must identify issuer (or issuer and seller) and refer to Product Disclosure Statement

 (1) Subject to this section, if a particular financial product is available for acquisition by persons as retail clients (whether or not it is also available for acquisition by persons as wholesale clients) by way of issue, or pursuant to sale offers to which section 1012C applies or will apply, a person must only:
 (a) advertise the product; or
 (b) publish a statement that is reasonably likely to induce people to acquire the product;
if the advertisement or statement:
 (c) identifies:
 (i) if the product is available by way of issue—the issuer of the product; or
 (ii) if the product is available pursuant to sale offers to which section 1012C applies or will apply—the issuer of the product and the seller of the product; and
 (d) indicates that a Product Disclosure Statement for the product is available and where it can be obtained; and
 (e) indicates that a person should consider the Product Disclosure Statement in deciding whether to acquire, or to continue to hold, the product.

Note: Failure to comply with this subsection is an offence (see subsection 1311(1)).

 (2) Subject to this section, if a particular financial product, or proposed financial product, is not available for acquisition by persons as retail clients but it is reasonably likely that the product will become so available (whether or not it is, or will also become, available for acquisition by persons as wholesale clients) by way of issue, or pursuant to sale offers to which section 1012C will apply, a person must only:
 (a) advertise the product; or
 (b) publish a statement that is reasonably likely to induce people to acquire the product;
if the advertisement or statement:
 (c) identifies:
 (i) if the product is likely to be so available by way of issue—the issuer of the product; or
 (ii) if the product is likely to be so available pursuant to sale offers to which section 1012C will apply—the issuer of the product and the seller of the product; 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: Failure to comply with this subsection is an offence (see subsection 1311(1)).

Distribution of disclosure document

 (3) A person may distribute a Product Disclosure Statement without