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 7.8A is affected by the following legislative instruments that commenced or were amended on or after 1 January 2022: the ASIC Corporations (Card Facility Transfer) Instrument 2024/486.
The application of Pt 7.8A is also affected by 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 7.8A, 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 (Incidental Retail Cover) Instrument 2022/716.
CCH Note: Section 994D is modified by the ASIC Corporations (Incidental Retail Cover) Instrument 2022/716.
If: (a) under section 994B , a person must make a target market determination for a financial product but the determination has not been made; and (b) the product is on offer for acquisition by issue, or for regulated sale, to retail clients;
a regulated person must not engage in retail product distribution conduct in relation to the product unless:
(c) the regulated person made all inquiries (if any) that were reasonable in the circumstances and, after doing so, believed on reasonable grounds that:
(i) the determination had been made; or
(d) the retail product distribution conduct is excluded conduct.
(ii) this Part does not require a target market determination for the product; or
Note 1: Failure to comply with this subsection is an offence (see subsection 1311(1) ).
Note 2: In a prosecution for an offence, the defendant bears an evidential burden in relation to the matters in paragraphs (c) and (d) (see subsection 13.3(3) of the Criminal Code ).
Note 3: This subsection is also a civil penalty provision (see section 1317E ). For relief from liability to a civil penalty relating to this subsection, see section 1317S .
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