Document ID: chunk:federal_register_of_legislation:C2025C00185:section:1012da:p4
Version: federal_register_of_legislation:C2025C00185
Segment Type: section
Provision Reference: s 1012DA (pt 4/4)
Character Range: 4295466–4297422

matter or thing the omission of which renders the notice misleading in a material respect.

Transfer or sale of quoted securities—case 2
 (11) The regulated person does not have to give the client a Product Disclosure Statement if:
 (a) the relevant product is in a class of financial products that are quoted securities of the issuer; and
 (b) either:
 (i) a Product Disclosure Statement required to be given by section 1012B is lodged with ASIC on or after the day on which the relevant product is issued but before the day on which the relevant conduct occurs; or
 (ii) a Product Disclosure Statement required to be given by section 1012B is lodged with ASIC before the day on which the relevant product is issued and, on the day on which the relevant product is issued, the Product Disclosure Statement is still being used by the issuer of the relevant product for offers of financial products in the same class of financial products as the relevant product; and
 (c) the Product Disclosure Statement is for a financial product of the issuer of the relevant product that is in the same class of financial products as the relevant product.

Transfer or sale of quoted securities—case 3
 (12) The regulated person does not have to give the client a Product Disclosure Statement if:
 (a) a Product Disclosure Statement for a financial product was given under section 1012B; and
 (b) the relevant product was issued to:
 (i) a person (the underwriter) named in that Product Disclosure Statement as an underwriter of the issue of the financial product; or
 (ii) a person nominated by the underwriter; and
 (c) the relevant product was issued to the underwriter, or the person nominated by the underwriter, at or about the time that persons who applied for the financial product under that Product Disclosure Statement were issued with that product; and
 (d) the relevant product is in a class of financial products that were quoted securities of the issuer.