Corporations Act 2001
View history note
Hide history noteTreat subsection 992A(2) as also providing that subsection 992A(1) does not apply to the offering of securities in a CCIV, hawking of which is prohibited by section 992AA (as extended by this section).
1241N(2)
Subsection 992AA(1) also applies as if the reference in that subsection to interests in managed investment schemes included a reference to securities in a CCIV.
Note: Failure to comply with subsection 992AA(1) is an offence (see subsection 1311(1) ).
1241N(3)
Subsection 992AA(1) , as it applies because of subsection (2) of this section, does not apply to an offer of securities in a CCIV if: (a) the offer is not to a retail client; or (b) the CCIV is a listed company and the offer is an offer of securities in the CCIV made by telephone by a financial services licensee; or (c) the offer is made to a client by a financial services licensee through whom the client has acquired or disposed of a security in a CCIV in the previous 12 months.
Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code ).
1241N(4)
For the purposes of subsection 992AA(1) , as it applies because of subsection (2) of this section: (a) a reference to offering securities in a CCIV for issue includes a reference to inviting an application for the issue of securities in the CCIV; and (b) a reference to offering securities in a CCIV for sale includes a reference to inviting an offer to purchase securities in the CCIV.
1241N(5)
Subsection 736(1) (about prohibiting the hawking of securities) does not apply to securities in a CCIV.
Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code ).
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.
