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 )

PART 14 - MODIFICATIONS RELATING TO OBLIGATION TO GIVE INFORMATION ABOUT FINANCIAL PRODUCTS  

SECTION 14.2  

14.2    
After subsection 1017C(8)

insert

(8A)
Subject to subsections (8B) and (8C), this section does not apply if:

(a) the responsible person has an address for a concerned person, and:

(i) is satisfied on reasonable grounds that that address is incorrect; and

(ii) has taken reasonable steps to locate the concerned person but has been unable to do so; or

(b) the responsible person has no address for the concerned person, and:

(i) has been unable to obtain an address for the concerned person; and

(ii) has taken reasonable steps to locate the concerned person, but has been unable to do so.

(8B)
If the responsible person has refrained, in reliance on subsection (8A), from giving information to a concerned person, the responsible person must give information to the concerned person if the responsible person later becomes aware of the concerned person ' s address or location.

(8C)
Subsection (8B) applies only in respect of information that the responsible person becomes liable to give to the concerned person after becoming aware of the concerned person ' s address or location.