Document ID: chunk:federal_register_of_legislation:F2023C00116:body:0:p9
Version: federal_register_of_legislation:F2023C00116
Segment Type: other
Provision Reference: 
Character Range: 20250–23163

product, in relation to an unlisted body, means a financial product specified in column 1 of Table A;

       employee incentive scheme means an arrangement under which eligible products of an unlisted body are offered to eligible participants;

       financial product advice has the meaning given by section 766B of the Act;

       general advice has the meaning given by section 766B of the Act;

       incentive right means a conditional right:

           (a) to acquire underlying eligible products;

           (b) to be paid a cash amount that is ultimately determined by reference to (wholly or in part):

              (i) the price or value at a given time of the underlying eligible product to which the right relates;

              (ii) a change in the price or value over a given period of the underlying eligible product to which the right relates;

              (iii) the amount or value of dividends or distributions paid or payable in relation to the underlying eligible product to which the right relates; or

              (iv) a change in the amount or value over a given period of time of dividends or distributions paid or payable in relation to the underlying eligible product to which the right relates; or

           (c) to acquire or to be paid a combination of underlying eligible products and a cash amount as determined in accordance with paragraph (b);

       nominal monetary consideration means monetary consideration of a token or trivial amount;

       notice of reliance, in relation to a particular employee incentive scheme, means a written notice in a form approved in writing by ASIC;

       offer, in relation to an eligible product, has a meaning affected by sections 700, 702 and 1010C of the Act and includes:

           (a) an offer to issue the eligible product;

           (b) an issue or grant of the eligible product;

           (c) an offer to transfer the eligible product;

           (d) a transfer of the eligible product;

           (e) an offer to arrange for the issue or transfer of the eligible product;
       but does not include an issue, grant or transfer of an underlying eligible product made by reason of the exercise or vesting of an overlying eligible product in circumstances where an offer to issue or transfer the overlying eligible product had been previously made.

       offer document, in relation to an offer of eligible products under an employee incentive scheme, means a document which includes, or is accompanied by, the following information, statements and explanations worded and presented in a clear, concise and effective manner:

           (a) on the cover page of the offer document, in a box and in a minimum font size of 14 points—prominent statements to the following effect:

              (i) the eligible products offered under this document may or may not have any value that is capable of being realised