Document ID: chunk:federal_register_of_legislation:C2004A01334:clause:7_1013fa
Version: federal_register_of_legislation:C2004A01334
Segment Type: clause
Provision Reference: sch 7 cl 1013FA
Character Range: 369024–371116

1013FA  Information not required to be included in PDS for continuously quoted securities

 (1) This section applies to a Product Disclosure Statement that relates to a continuously quoted security.

 (2) Despite anything in section 1013D, 1013E or 1013F, information is not required to be included in the Product Disclosure Statement if:
 (a) the information is included in any of the following documents:
 (i) the annual financial report most recently lodged with ASIC by the issuer of the product;
 (ii) any half‑year financial report lodged with ASIC by the issuer of the product after the lodgment of that annual financial report and before the date of the Product Disclosure Statement;
 (iii) any continuous disclosure notices given by the issuer of the product after the lodgment of that annual financial report and before the date of the Product Disclosure Statement; and
 (b) the Product Disclosure Statement:
 (i) states that as a disclosing entity, the issuer of the product is subject to regular reporting and disclosure obligations; and
 (ii) informs people of their right to obtain a copy of any of the documents referred to in paragraph (a).
If the Product Disclosure Statement informs people of their right to obtain a copy of the document, the issuer of the product must give a copy of the document free of charge to anyone who asks for it.

 (3) ASIC may determine that this section does not apply to Product Disclosure Statements for continuously quoted securities if ASIC is satisfied that in the previous 12 months:
 (a) the issuer of the continuously quoted securities contravened:
 (i) the provisions of Chapter 2M; or
 (ii) subsection 674(2) or 675(2); or
 (iii) subsection 1012DA(9); or
 (iv) section 1308 as it applies to a notice under subsection 1012DA(5); or
 (b) the responsible person for the Product Disclosure Statement contravened section 1016E, 1021D, 1021E or 1021J.

 (4) The determination must be made in writing and ASIC must publish a copy of the determination in the Gazette.

Part 3—Exemptions from disclosure requirements

Corporations Act 2001