Document ID: chunk:federal_register_of_legislation:C2005C00498:clause:2_675
Version: federal_register_of_legislation:C2005C00498
Segment Type: clause
Provision Reference: sch 2 cl 675
Character Range: 951601–953735

675  Continuous disclosure—other disclosing entities

 (1) This section applies to:
 (a) a listed disclosing entity if:
 (i) there is only one listing market in relation to the entity and the listing rules of that market do not contain provisions of a kind referred to in subsection 674(1); or
 (ii) there is more than one listing market in relation to the entity and none of those markets have listing rules that contain provisions of a kind referred to in subsection 674(1); or
 (b) an unlisted disclosing entity.

 (2) If the disclosing entity becomes aware of information:
 (a) that is not generally available; and
 (b) that a reasonable person would expect, if it were generally available, to have a material effect on the price or value of ED securities of the entity; and
 (c) either:
 (i) if those securities are not managed investment products—the information is not required to be included in a supplementary disclosure document or a replacement disclosure document in relation to the entity; or
 (ii) if those securities are managed investment products—the information has not been included in a Product Disclosure Statement, or a Supplementary Product Disclosure Statement, a copy of which has been lodged with ASIC; and
 (d) regulations made for the purposes of this paragraph do not provide that disclosure under this section is not required in the circumstances;
the disclosing entity must, as soon as practicable, lodge a document with ASIC containing the information.

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

Note 2: This subsection is also a civil penalty provision (see section 1317E). For relief from liability to a civil penalty relating to this subsection, see section 1317S.

 (3) For the purposes of the application of this section to a disclosing entity that is an undertaking to which interests in a registered scheme relate:
 (a) the entity is aware of information if, and only if, the responsible entity is aware of the information; and
 (b) the obligation of the entity to lodge a document under subsection (2) is an obligation of the responsible entity.