Corporations Regulations 2001
View history note
Hide history note[ CCH Note: Pursuant to the Corporations Amendment Regulations 2001 (No 4) (SR 2001 No 319) effective 11 March 2002, Chapter 7 (Securities) comprising reg 7.1.01 - 7.15.01 and Chapter 8 (The futures industry) comprising reg 8.1.01 - 8.7.03 are replaced by a new Chapter 7 (Financial services and markets) comprising reg 7.1.01 - 7.12.01. As the subject matter of the new Chapter 7 relates to the new financial services reform regime, " inserted " has been used in the history notes for each provision, and all references to the former provisions have been removed.]
Modifying legislative instruments: The application of Pt 7.9 is affected by the ASIC Corporations (Disclosure of Fees and Costs) Instrument 2019/1070.
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.
For paragraph 1020G(1) (c) of the Act, this regulation applies in relation to the following financial products: (a) an interest in a regulated superannuation fund that is not a public offer superannuation fund; (b) an RSA that has been issued to the product holder because of the operation of subsection 52(4) of the RSA Act; (c) an interest in an eligible rollover fund of which the product holder became a member under section 243 of the SIS Act; (d) an interest in an eligible rollover fund of which the product holder became a member in the circumstances mentioned in section 89 of the RSA Act; (e) an interest in a public offer superannuation fund that is not a successor fund if:
(i) the product holder is a standard employer-sponsored member of the fund; or
(ii) the product holder is a person who became a member of the fund in the circumstances mentioned in regulation 7.9.06B .
7.9.61D(2)
Part 7.9 of the Act applies in relation to the financial products as if the following subsection were inserted after subsection 1017F(5A) of the Act:
" (5B)
For a financial product mentioned in regulation 7.9.61D of the Corporations Regulations 2001 :
(a) subsection (5A) does not apply if the responsible person in relation to a transaction involving the financial product provides the holder of the financial product with a facility that is able to be accessed by the holder:
(i) by phone; or
(ii) by writing; or
(iii) by another method that the responsible person knows, or reasonably believes, that the product holder is able to use; and
(b) confirmation may be provided by means of the facility mentioned in paragraph (a). " .
7.9.61D(3)
Part 7.9 of the Act applies in relation to the financial products as if paragraph 1017F(6)(a) of the Act were replaced by the following paragraph:
" (a) must be:
(i) by telephone; or
(ii) by writing; or
(iii) by another method that the responsible person knows, or reasonably believes, that the product holder is able to use; and " .
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