Corporations Act 2001
View history note
Hide history noteCCH note - modifying legislative instruments: The application of Pt 8B.7 is affected by the following legislative instruments that commenced or were amended on or after 1 January 2022: the ASIC Corporations (CCIV Auditors) Instrument 2024/668.
For other legislative instruments or class orders before 1 January 2022 that affect the application of Pt 8B.7, 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.
A person must not offer securities of a CCIV that does not exist if the offer would give rise to an obligation to give a Product Disclosure Statement under Chapter 7 (as that Chapter applies to securities in a CCIV under Division 4 of Part 8B.7 ) if the CCIV did exist.
1240H(2)
A person must not offer securities of a CCIV that are referable to a sub-fund of the CCIV that has not been established if the offer would give rise to an obligation to give a Product Disclosure Statement under Chapter 7 (as that Chapter applies to securities in a CCIV under Division 4 of Part 8B.7 ) if the sub-fund were established.
Note 1: For when a sub-fund is established, see section 1222T .
Note 2: For when shares and debentures are referable to a sub-fund of a CCIV, see sections 1230 (for shares) and 1231N (for debentures).
1240H(3)
Subsections (1) and (2) apply even if it is proposed to incorporate the CCIV or register the sub-fund.
1240H(4)
In this section, securities has the same meaning as it has in Chapter 6D (apart from section 1240G ).
1240H(5)
For the purposes of subsection (2) , a security referred to in paragraph 95(c) or (d) is taken to be referable to the sub-fund of the CCIV to which the relevant security covered by paragraph 95(a) or (b) is, or would be, referable.
Note: For example, an option to acquire by way of issue a share in a CCIV (covered by paragraph 95(d) ) is referable to the sub-fund of the CCIV to which the share (covered by paragraph 95(a) ) is referable.
1240H(6)
The following provisions apply in relation to this section in the same way the provisions apply in relation to Chapter 6D : (a) subsection 700(4) ; (b) sections 702 , 703 and 703A .
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