Corporations Regulations 2001

SCHEDULE 10A - MODIFICATIONS OF PART 7.9 OF THE ACT  

(regulations 7.9.02 , 7.9.04 , 7.9.05 , 7.9.06 , 7.9.09C , 7.9.11C , 7.9.11N , 7.9.11V , 7.9.12 , 7.9.24 , 7.9.27 , 7.9.30 , 7.9.43 , 7.9.47 , 7.9.51 , 7.9.56 , 7.9.60 , 7.9.61 , 7.9.63 , 7.9.73 and 8.4.02 )

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PART 19 - MODIFICATIONS FOR CARBON UNITS, AUSTRALIAN CARBON CREDIT UNITS AND ELIGIBLE INTERNATIONAL EMISSIONS UNITS  

SECTION 19.1  

19.1    
Subsections 1012D(1) to (3), including the subheadings

substitute

Recommendation, issue or sale situation for carbon unit - statements on Clean Energy Regulator ' s website

(1)
Subject to subsections (2) and (3), in a recommendation situation, issue situation or sale situation for a carbon unit, the regulated person:

(a) does not have to give the client a Product Disclosure Statement; and

(b) must inform the client that the client should consider each statement about the carbon unit that is mentioned in section 202 of the Clean Energy Act 2011 .

Recommendation, issue or sale situation for carbon unit - client has considered statements on Clean Energy Regulator ' s website

(2)
In a recommendation situation, issue situation or sale situation for a carbon unit, the regulated person does not have to inform the client as described in paragraph (1)(b) if the regulated person believes, on reasonable grounds, that the client has already considered each statement about the carbon unit that is published on the website of the Clean Energy Regulator as mentioned in section 202 of the Clean Energy Act 2011 .

Recommendation, issue or sale situation for carbon unit - specified persons

(3)
In a recommendation situation, issue situation or sale situation for a carbon unit, the regulated person does not have to inform the client as described in paragraph (1)(b) if the person is:

(a) the Clean Energy Regulator; or

(b) the Clean Development Mechanism Executive Board; or

(c) the government of a country other than Australia; or

(d) an authority acting on behalf of the government of a country other than Australia.

Recommendation, issue or sale situation for Australian carbon credit unit - statements on Clean Energy Regulator ' s website

(3A)
Subject to subsections (3B) and (3C), in a recommendation situation, issue situation or sale situation for an Australian carbon credit unit, the regulated person:

(a) does not have to give the client a Product Disclosure Statement; and

(b) must inform the client that the client should consider each statement about the Australian carbon credit unit that is mentioned in section 162 of the Carbon Credits (Carbon Farming Initiative) Act 2011 .

Recommendation, issue or sale situation for Australian carbon credit unit - client has considered statements on Clean Energy Regulator ' s website

(3B)
In a recommendation situation, issue situation or sale situation for an Australian carbon credit unit, the regulated person does not have to inform the client as described in paragraph (3A)(b) if the regulated person believes, on reasonable grounds, that the client has already considered each statement about the Australian carbon credit unit that is published on the website of the Clean Energy Regulator as mentioned in section 162 of the Carbon Credits (Carbon Farming Initiative) Act 2011 .

Recommendation, issue or sale situation for Australian carbon credit unit - specified persons

(3C)
In a recommendation situation, issue situation or sale situation for an Australian carbon credit unit, the regulated person does not have to inform the client as described in paragraph (3A)(b) if the person is:

(a) the Clean Energy Regulator; or

(b) the Clean Development Mechanism Executive Board; or

(c) the government of a country other than Australia; or

(d) an authority acting on behalf of the government of a country other than Australia.

Recommendation, issue or sale situation for eligible international emissions unit - statements on Clean Energy Regulator ' s website

(3D)
Subject to subsections (3E) and (3F), in a recommendation situation, issue situation or sale situation for an eligible international emissions unit, the regulated person:

(a) does not have to give the client a Product Disclosure Statement; and

(b) must inform the client that the client should consider each statement about the eligible international emissions unit that is mentioned in section 61 of the Australian National Registry of Emissions Units Act 2011 .

Recommendation, issue or sale situation for eligible international emissions unit - client has considered statements on Clean Energy Regulator ' s website

(3E)
In a recommendation situation, issue situation or sale situation for an eligible international emissions unit, the regulated person does not have to inform the client as described in paragraph (3D)(b) if the regulated person believes, on reasonable grounds, that the client has already considered each statement about the eligible international emissions unit that is published on the website of the Clean Energy Regulator as mentioned in section 61 of the Australian National Registry of Emissions Units Act 2011 .

Recommendation, issue or sale situation for eligible international emissions unit - specified persons

(3F)
In a recommendation situation, issue situation or sale situation for an eligible international emissions unit, the regulated person does not have to inform the client as described in paragraph (3D)(b) if the person is:

(a) the Clean Energy Regulator; or

(b) the Clean Development Mechanism Executive Board; or

(c) the government of a country other than Australia; or

(d) an authority acting on behalf of the government of a country other than Australia.