Document ID: chunk:federal_register_of_legislation:F2021C01043:body:0:p5
Version: federal_register_of_legislation:F2021C01043
Segment Type: other
Provision Reference: 
Character Range: 10743–13735

fundraiser not having given ASIC full particulars of the matter in accordance with subparagraph (i); or
              (iii) the fundraiser has been notified in writing by ASIC that breaches of that kind need not be notified under subparagraph (i), and ASIC has not revoked that notification in writing.

6 People who advise on charitable fundraisers etc
Recommendations to acquire and offers to arrange
(1) A person who is not a charitable investment fundraiser does not have to comply with sections 1012A or 1012B of the Act in relation to a recommendation to acquire, or an offer to arrange the issue of, an interest in a managed investment scheme that is to be issued by a charitable investment fundraiser.
Where exemption applies
(2) The exemption in subsection (1) applies to a person unless the person is aware, or ought reasonably to be aware, that the requirements in subsection 5(3) are) are not satisfied in relation to the charitable investment fundraiser.

7 Conditions
(1) This section applies to a charitable investment fundraiser that relies on an exemption in section 5 in relation to debentures or interests in a managed investment scheme.

Identification statement condition
(2) The charitable investment fundraiser must ensure that the identification statement in relation to the debentures or interests includes the following information and statements:
           (a) the identity of the charitable investment fundraiser, including:
(i) its full name and ABN (if any); and
(ii) particulars of its corporate status (if any), including the legislation under which the fundraiser was incorporated and its incorporation number (if any); and
(iii) if the charitable investment fundraiser is a natural person, their full name and date of birth; and
(iv) its address;
           (b) information identifying which exemptions under section 5, ASIC Class Order [CO 02/184] (as continued in force by section 8) or ASIC Instrument 04/0024 (as continued in force by section 9) the charitable investment fundraiser intends to rely on and demonstrating how the charitable investment fundraiser meets, or may be expected to meet, all the conditions of the relevant exemptions;
           (c) whether the charitable investment fundraiser will issue debentures or interests in a managed investment scheme or both, together with a clear identification of any managed investment scheme;
           (d) if the charitable investment fundraiser proposes to issue:
(i) debentures—the financial year for the charitable investment fundraiser; and
(ii) interests in a managed investment scheme—the financial year that is to apply for the managed investment scheme;
           (e) whether the charitable investment fundraiser is or will be required to hold an Australian financial services licence and, if it holds an Australian financial services licence, the licence number for that licence;
           (f) the charitable purpose of the charitable investment fundraiser, a statement that the issue