Corporations Act 2001
CCH note - modifying legislative instruments: The application of Pt 6D.2 is affected by the following legislative instruments that commenced or were amended on or after 1 January 2022: the ASIC Corporations (Investor Directed Portfolio Services) Instrument 2023/669 (as amended by ASIC Corporations (Amendment) Instrument 2024/554).
For legislative instruments or class orders before 1 January 2022 that affect the application of Pt 6D.2, 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 4 is modified by 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: Section 716 is modified by 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.
Date of disclosure document
716(1)
A disclosure document must be dated. The date is the date on which it is lodged with ASIC.
[ CCH Note: S 716(1) will be amended by No 69 of 2020, s 3, Sch 1[1096], by substituting " the Registrar " for " ASIC " , (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
Date for 2-part simple corporate bonds prospectus
716(1A)
Subsection (1) does not apply to a 2-part simple corporate bonds prospectus.
716(1B)
For the purposes of this Act, the date of a 2-part simple corporate bonds prospectus for an offer of simple corporate bonds is taken to be the date on which the offer-specific prospectus for the offer is lodged with ASIC.
[ CCH Note: S 716(1B) will be amended by No 69 of 2020, s 3, Sch 1[1096], by substituting " the Registrar " for " ASIC " , (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
Consent of person to whom statement attributed
716(2)
A disclosure document may only include a statement by a person, or a statement said in the document to be based on a statement by a person, if: (a) the person has consented to the statement being included in the document in the form and context in which it is included; and (b) the document states that the person has given this consent; and (c) the person has not withdrawn this consent before the document is lodged with ASIC.
[ CCH Note: S 716(2) will be amended by No 69 of 2020, s 3, Sch 1[1097], by substituting " the Registrar " for " ASIC " in para (c) (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
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