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 E 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: Section 1015D is modified by the ASIC Corporations (In-use Notices for Employer-sponsored Superannuation and Superannuation Dashboards) Instrument 2022/496; 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.
This section applies to a Statement if section 1015B does not require a copy of the Statement to be lodged with ASIC.
[ CCH Note: S 1015D(1) will be amended by No 69 of 2020, s 3, Sch 1[1177], by substituting " the Registrar " for " ASIC " , (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
1015D(2)
The responsible person for the Statement (other than the trustee of a self managed superannuation fund) must lodge a notice with ASIC, in electronic form, advising of the occurrence of any of the following events as soon as practicable, and in any event within 5 business days, after the occurrence of the event:
(a) except in the case of a Supplementary Product Disclosure Statement - a copy of the Statement is first given to someone in a recommendation, issue or sale situation;
(b) a change is made to fees and charges set out in the Statement;
(c) the financial product to which the Statement relates ceases to be available to be recommended or offered to new clients in a recommendation, issue or sale situation.
Note 1: Failure to comply with this subsection is an offence (see subsection 1311(1)).
Note 2: The fees and charges set out in a Product Disclosure Statement may be changed by a Supplementary Product Disclosure Statement (see section 1014A).
[ CCH Note: S 1015D(2) will be amended by No 69 of 2020, s 3, Sch 1[1178], by substituting " the Registrar " for " ASIC, in electronic form, " , (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
[ CCH Note: Act No 101 of 2007, Sch 1, Pt 6 [ 245] contained the following application provision (which was effective 28 June 2007):
Application of item 233
The amendment made by item 223 of this Schedule applies in relation to events occurring on or after the day on which that item commences.]
[ CCH Note: Act No 101 of 2007, Sch 1, Pt 6 [ 246] contained the following application provision (which was effective 28 June 2007):
Application of items 224 to 226
The amendments made by items 224 to 226 of this Schedule apply in relation to events occurring on or after the day on which those items commence.]
[ CCH Note: S 1015D(2A) will be inserted by No 69 of 2020, s 3, Sch 1[1179] (effective 1 July 2026 or a day or days to be fixed by Proclamation). S 1015D(2A) will read:
1015D(2A)
The notice must meet any requirements of the data standards.]
1015D(3)
The responsible person for the Statement must keep a copy of the Statement for the period of 7 years after the date of the Statement.
Note: Failure to comply with this subsection is an offence (see subsection 1311(1) ).
[ CCH Note: S 1015D(3) omitted by Corporations Regulations Schedule 10A, Part 5A - Modifications for margin loan, item 5A.7; Part 5B - Modifications for superannuation products to which Subdivision 4.2B of Division 4 of Part 7.9 applies, item 5B.6 and Part 5C - Modifications for simple managed investment scheme, item 5C.5]
1015D(4)
During that period the responsible person:
(a) must make a copy of the Statement available to ASIC if asked to do so by ASIC; and
(b) must comply with any reasonable request from any other person for a copy of the Statement.
Note: Failure to comply with this subsection is an offence (see subsection 1311(1) ).
Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited
CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.
The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.
