Document ID: chunk:federal_register_of_legislation:F2023C00928:reg:8:p30
Version: federal_register_of_legislation:F2023C00928
Segment Type: reg
Provision Reference: reg 8 (pt 30/34)
Character Range: 90874–94103

document is taken to be a copy of another document regardless of:
                     (i) immaterial differences in the sequence in which information is presented; and
                     (ii) prompts and links if they are not likely to:
                         (A) cause a reasonable person to confuse the contents of the document with another document; or
                         (B) reduce the likelihood of a reasonable person reading any part of the document; and
                     (iii) the absence from, or simplification in, the document of graphics of a promotional or decorative nature; and
                     (iv) the inclusion in the document of codes or features to control the display of the document which do not otherwise alter the sense or content of the document.
              (3) In this section and in sections 912AE to 912AFE:
                  (a) a person (first person) engages another person if the first person engages or authorises the other person; and
                  (b) a person (first person) indirectly engages another person (second person) if:
                     (i) the first person engages a person and that person engages the second person; or
                     (ii) a person who is indirectly engaged by the first person under subparagraph (i) or this subparagraph engages the second person.
              (4) In this section and in sections 912AE to 912AFE:
annual investor statement:
                  (a) in relation to an IDPS, has the same meaning as in subsection 912AD(42) (as notionally inserted by  ASIC Corporations (Investor Directed Portfolio Services) Instrument 2023/669); and
                  (b) in relation to an IDPS-like scheme, has the same meaning as in subsection 1013DAB(19) (as notionally inserted by ASIC Corporations (Investor Directed Portfolio Services Provided Through a Registered Managed Investment Scheme) Instrument 2023/668).
              client has the same meaning as in section 4 of the MDA Legislative Instrument.
              client contributions has the same meaning as in section 4 of the MDA Legislative Instrument.
              client portfolio assets has the same meaning as in section 4 of the MDA Legislative Instrument.
              custodial staff means natural persons who under an arrangement with the licensee or a custodian have duties relating to holding client portfolio assets, record keeping relating to those assets, checking authorisations for instructions to transact or functions incidental to these functions other than making investment decisions, trading decisions or other discretionary decisions resulting in the transfer or disposal of client portfolio assets other than discretionary decisions in relation to holding a deposit account with a corporation that is regulated for the taking of deposits where the balance of the deposit account is payable on demand and discretionary decisions relating to transactions in foreign currency.
              custodian a person engaged by a MDA provider to hold client portfolio assets or a beneficial interest in those assets.
              external MDA adviser has the same meaning as in section 4 of the MDA Legislative Instrument.
              external MDA