Corporations Act 2001
Note: This Chapter applies to a CCIV in a modified form: see Division 4 of Part 8B.7 .
View history note
Hide history noteCCH note - modifying legislative instruments: The application of Pt 7.9 is affected by the following legislative instruments that commenced or were amended on or after 1 January 2022: the ASIC Corporations (Periodic Statement Relief for Quoted Securities) Instrument 2024/14; the ASIC Corporations (mFund) Instrument 2024/18; and the ASIC Corporations (Investor Directed Portfolio Services) Instrument 2023/669 (as amended by ASIC Corporations (Amendment) Instrument 2024/554).
The application of Pt 7.9 is also modified by the ASIC Corporations (Disclosure of Fees and Costs) Instrument 2019/1070; and Class Order 14/1262: Relief for 31 Day Notice Term Deposits.
For other legislative instruments or class orders before 1 January 2022 that affect the application of Pt 7.9, please consult the legislative instruments or class orders directly. These are reproduced in the regulatory-resources section of the company-law practice area in CCH iKnowConnect.
CCH Note: Division 2 is modified by the ASIC Corporations (Foreign Small-Scale Offers) Instrument 2015/362; the ASIC Corporations (Incidental Retail Cover) Instrument 2022/716; the ASIC Corporations (Removing Barriers to Electronic Disclosure) Instrument 2015/649; the ASIC Corporations (Shorter PDS and Delivery of Accessible Financial Products Disclosure by Platform Operators and Superannuation Trustees) Instrument 2022/497; the ASIC Corporations (Investor Directed Portfolio Services Provided Through a Registered Managed Investment Scheme) Instrument 2023/668; and the ASIC Corporations (Investor Directed Portfolio Services) Instrument 2023/669.
CCH Note: Subdivision C is modified by the ASIC Corporations (Incidental Retail Cover) Instrument 2022/716; the ASIC Corporations (Removing Barriers to Electronic Disclosure) Instrument 2015/649; the ASIC Corporations (Shorter PDS and Delivery of Accessible Financial Products Disclosure by Platform Operators and Superannuation Trustees) Instrument 2022/497; the ASIC Corporations (Investor Directed Portfolio Services Provided Through a Registered Managed Investment Scheme) Instrument 2023/668; the ASIC Corporations (Investor Directed Portfolio Services) Instrument 2023/669; and the ASIC Corporations (Discretions for Setting the Issue Price and Withdrawal Price of Interests in Managed Investment Schemes) Instrument 2023/693.
CCH note: This provision is modified by legislative instruments. See the CCH note at the end of the provision for details.
This section applies to a Product Disclosure Statement that relates to managed investment products that are ED securities.
1013I(2)
The Product Disclosure Statement must include a statement that: (a) as a disclosing entity, the scheme is subject to regular reporting and disclosure obligations; and (b) copies of documents lodged with ASIC in relation to the scheme may be obtained from, or inspected at, an ASIC office.
[ CCH Note: S 1013I(2) will be amended by No 69 of 2020, s 3, Sch 1[1170], by substituting para (b) (effective 1 July 2026 or a day or days to be fixed by Proclamation). Para (b) will read:
(b) the Registrar provides access to copies of documents lodged with the Registrar in relation to the scheme.]
1013I(3)
The Product Disclosure Statement must either: (a) inform people of their right to obtain a copy of the following documents:
(i) the annual financial report most recently lodged with ASIC by the scheme;
(ia) if the scheme has lodged with ASIC a sustainability report - the most recently lodged sustainability report;
(ii) any half-year financial report lodged with ASIC by the scheme after the lodgment of that annual financial report and before the date of the Product Disclosure Statement;
(b) include, or be accompanied by, a copy of the relevant document or documents.
(iii) any continuous disclosure notices given by the scheme after the lodgment of that annual report and before the date of the Product Disclosure Statement; or
[ CCH Note: S 1013I(3) will be amended by No 69 of 2020, s 3, Sch 1[1171], by substituting " the Registrar " for " ASIC " in para (a)(i) and (ii) (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
1013I(4)
If: (a) the Product Disclosure Statement informs people of their right to obtain a copy of a document referred to in subsection (3) ; and (b) a person asks the issuer (in the case of an issue Statement) or the seller (in the case of a sale Statement) for a copy of the document;
the issuer or seller must give (see subsection (5) ) the person a copy of the document free of charge as soon as practicable, and in any event within 5 days, after receiving the person's request.
Note: Failure to comply with this subsection is an offence (see subsection 1311(1) ).
1013I(5)
In subsection (4) , give means give in a way that would satisfy the requirements of section 1015C if the copy of the document were a Statement to which that section applied.
CCH Note - modifying legislative instruments: Section 1013I is modified by the following legislative instruments that commenced or were amended on or after 1 January 2022: the ASIC Corporations (Incidental Retail Cover) Instrument 2022/716; the ASIC Corporations (Removing Barriers to Electronic Disclosure) Instrument 2015/649; the ASIC Corporations (Shorter PDS and Delivery of Accessible Financial Products Disclosure by Platform Operators and Superannuation Trustees) Instrument 2022/497; the ASIC Corporations (Investor Directed Portfolio Services Provided Through a Registered Managed Investment Scheme) Instrument 2023/668; the ASIC Corporations (Investor Directed Portfolio Services) Instrument 2023/669; and the ASIC Corporations (Discretions for Setting the Issue Price and Withdrawal Price of Interests in Managed Investment Schemes) Instrument 2023/693.
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