Document ID: chunk:federal_register_of_legislation:F2022L01274:body:0:p9
Version: federal_register_of_legislation:F2022L01274
Segment Type: other
Provision Reference: 
Character Range: 21354–23488

in subsection (1) applies where all the following are satisfied:

           (a)  the endorser gives ASIC a reliance notice that complies with the definition of 'reliance notice' in section 4 of this instrument;

           (b)  the endorser indicates in any endorsed material the extent of the enquiries the endorser has made in order to make the endorsement, verification or assessment.

8 Publisher

       (1) A publisher does not have to comply with any of the following in publishing a publication in relation to an introduction service:

           (a) Part 7.9 of the Act; and

           (b) subsection 992A(1) of the Act.

Note: This exemption does not affect a publisher's obligations under Part 7.8A of the Act (design and distribution obligations).

       (2) The exemption in subsection (1) applies where all the following are satisfied:

           (a) the publisher gives ASIC a reliance notice that complies with the definition of 'reliance notice' in section 4 of this instrument;

            (b) any of the following are satisfied:

              (i)  the publisher conducts a business of publishing information and the offer, advertisement and statement are received for publication in the ordinary course of that business;

              (ii)  the publisher is involved in the promotion or encouragement of investment in scheme interests on a not-for-profit basis;

              (iii)  the publisher allows its name to be associated with or used in the publication but not in relation to any particular offer in the publication;

              (iv)  the publisher provides the operator direct financial assistance for the purpose of preparing, publishing or distributing the publication;

           (c)  the publisher has no pecuniary interest in the outcome of any investment decision by the users of the introduction service;

           (d) the publisher is authorised by both of the following to publish the publication:

              (i) an operator;

              (ii) an issuer or seller, as the case may be.

Part 3—Repeal

9 Repeal

    This instrument is repealed on 1 April 2025.