Document ID: chunk:federal_register_of_legislation:F2024C01249:reg:21:p22
Version: federal_register_of_legislation:F2024C01249
Segment Type: reg
Provision Reference: reg 21 (pt 22/24)
Character Range: 1528513–1531273

the cause of action arose.
 (4) This regulation does not affect a liability that a person has under any other law.
 (5) For section 1310B of the Act, an action under subregulation (2) is taken to be a proceeding in respect of loss or damage arising out of a contravention of the Act.

Part 7.12—Miscellaneous

7.12.01  Destruction of records by ASIC
  For paragraph 1101D(b) of the Act, the period of possession is 7 years.

Chapter 8—Mutual recognition of securities offers

Part 8.1—Preliminary

8.1.01  Meaning of foreign recognition scheme
  For the definition of foreign recognition scheme in subsection 1200A(1) of the Act, the provisions of Subpart 6 of Part 9 of the Financial Markets Conduct Act 2013 of New Zealand and the Financial Markets Conduct Regulations 2014 of New Zealand comprise a foreign recognition scheme.

8.1.02  Meaning of offeror—prescribed offer and kind of person
  For the purposes of subparagraph (c)(ii) of the definition of offer in section 9 of the Act:
 (a) an offer of an interest in a managed investment scheme governed by the laws of New Zealand is prescribed as a kind of offer; and
 (b) for that offer, if the scheme is a managed investment scheme within the meaning of the Financial Markets Conduct Act 2013 of New Zealand—the offeror is the manager of the managed investment scheme as defined in that Act.

8.1.03  Meaning of recognised jurisdiction
  For the definition of recognised jurisdiction in subsection 1200A(1) of the Act, New Zealand is prescribed.

Part 8.2—Foreign offers that are recognised in this jurisdiction

Division 1—Recognised offers

8.2.01  Prescribed offer (Act s 1200C(4))
  For subsection 1200C(4) of the Act an offer of a security is a prescribed offer in relation to New Zealand if a disclosure document (as defined in the Financial Markets Conduct Act 2013 of New Zealand) must be prepared in accordance with:
 (a) the Financial Markets Conduct Act 2013 of New Zealand; or
 (b) the Financial Markets Conduct Regulations 2014 of New Zealand.
Note: For the purpose of Chapter 8 of the Act and Chapter 8 of these regulations, a security does not include all of the financial products defined as securities in the Financial Markets Conduct Act 2013 of New Zealand—see the definition of securities in subsection 92(7) of the Act. For example, a security does not include an interest in a superannuation scheme or a life insurance policy.

8.2.02  Prescribed warning statements (Act s 1200E)
 (1) For paragraph 1200E(a) of the Act, the following statements are prescribed:
 (a) this offer to Australian investors is a recognised offer made under Australian and New Zealand law. In Australia, this is Chapter 8 of the Corporations Act 2001 and Regulations. In New Zealand, this is Subpart 6