Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) This regulation applies in relation to a general insurance product:
(a) that is entered into as a result of a dealing in the product, either wholly or partially, by the person; and
(b) that is not a reinsurance contract or a retrocession contract; and
(c) in relation to which an unauthorised foreign insurer is a party to the contract that is the general insurance product.
Note: An unauthorised foreign insurer may be a party to a contract of insurance to which Part 2 of the Insurance Regulations 2024 applies. These are insurance contracts for:
(a) high - value insured; and
(b) atypical risks; and
(c) risks that cannot reasonably be placed in Australia; and
(d) contracts required by foreign law.
(2) However, if the general insurance product has been dealt with by more than 1 person, this regulation only applies, in relation to the general insurance product, to the person who has:
(a) dealt directly with the unauthorised foreign insurer; or
(b) dealt indirectly with the unauthorised foreign insurer through a foreign intermediary.
(3) For section 912CA of the Act, the person must provide information to APRA about the general insurance product entered into within a reporting period specified in subregulation (5):
(a) in accordance with Table 2 in Form 701; and
(b) either:
(i) within the time specified by ASIC or APRA if that is a reasonable time; or
(ii) if ASIC or APRA do not specify a time--within 20 business days after the last day of the applicable reporting period.
(a) for an individual--20 penalty units; and
(b) for a body corporate--200 penalty units.
(4) For section 912CA of the Act, the person must provide further information to APRA relating to the information provided in accordance with Table 2 in Form 701:
(a) if APRA makes a request in writing for the further information; and
(b) either:
(i) within 5 business days of receiving the request; or
(ii) if ASIC or APRA specify a later date--by that date.
(a) for an individual--20 penalty units; and
(b) for a body corporate--200 penalty units.
(5) The reporting periods are:
(a) 1 May to 30 June 2010; and
(b) 1 July to 31 December 2010; and
(c) 1 January to 30 June in any year after 2010; and
(d) 1 July to 31 December in any year after 2010.
(6) Strict liability applies to subregulations (3) and (4).
Statutory Rules No. 193, 2001
made under the
Compilation No. 197
Compilation date: 21 August 2024
Includes amendments: F2024L01009
Registered: 2 September 2024
This compilation is in 7 volumes
Volume 1: regulations 1.0.01- 6D.5.03
Volume 2: regulations 7.1.04- 7.6.08E
Volume 3: regulations 7.7.01- 8B.5.20
Volume 4: regulations 9.1.01- 12.9.03
Volume 5: Schedules 1, 2 and 2A
Volume 6: Schedules 3-13
Volume 7: Endnotes
Each volume has its own contents
About this compilation
This compilation
This is a compilation of the Corporations Regulations 2001 that shows the text of the law as amended and in force on 21 August 2024 (the compilation date ).
The notes at the end of this compilation (the endnotes ) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self - repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Chapter 7--Financial services and markets
Part 7.7--Financial service disclosure
Division 1--Preliminary
7.7.01 How documents, information and statements are to be given
Division 2--Financial Services Guide
7.7.02 Situations in which Financial Services Guide is not required
7.7.02A Situations when Financial Services Guide is not required
7.7.03 Financial Services Guide given by financial services licensee: description of documents
7.7.03A Financial Services Guide given by financial services licensee: arrangements for compensation
7.7.04 Financial Services Guide given by financial services licensee: remuneration, commission and benefits
7.7.04A Financial services guide given by financial services licensee: more detailed information about remuneration etc
7.7.04AA Financial Services Guide given by financial services licensee: non - monetary benefit that is not conflicted remuneration
7.7.04AB Financial Services Guide given by authorised representative: non - monetary benefit that is not conflicted remuneration
7.7.05 Record of advice given by financial services licensee
7.7.05A Financial Services Guide given by authorised representative of financial services licensee: authorised representative number
7.7.05B Personalised Financial Services Guide
7.7.05C Exemption from providing certain information in a Financial Services Guide
7.7.06 Financial Services Guide given by authorised representative of financial services licensee: description of documents
7.7.06A Financial Services Guide given by authorised representative of financial services licensee--licence number
7.7.06B Financial Services Guide given by authorised representative of financial services licensee: arrangements for compensation
7.7.07 Financial Services Guide given by authorised representative of financial services licensee: remuneration, commission and benefits
7.7.07A Financial services guide given by authorised representative: more detailed information about remuneration etc
7.7.08 Record of advice given by authorised representative of financial services licensee
Division 2A--Combined Financial Services Guide and Product Disclosure Statement
7.7.08A Combined Financial Services Guide and Product Disclosure Statement
Division 2AA--Combined Financial Services Guide and credit guide
7.7.08B Modification of section 942DA of the Act
Division 2B--Record of small investment advice
7.7.08C Record of small investment advice--content requirements
Division 3--Statement of Advice
7.7.09 Situations in which statement of advice is not required: further advice
7.7.09A Situations in which Statement of Advice is not required: small investments threshold
7.7.09AA Statement of Advice from financial services licensee
7.7.09AB Modification of subsection 947B(4) of the Act
7.7.09B Statement of Advice from providing entity--information not included in the Statement
7.7.09BA Statement of Advice from authorised representative
7.7.09BB Modification of subsection 947C(4) of the Act
7.7.09BC Statement of Advice given by financial services licensee: non - monetary benefit that is not conflicted remuneration
7.7.09BD Statement of Advice given by authorised representative: non - monetary benefit that is not conflicted remuneration
7.7.09C Requirement to keep Statement of Advice and other documents
7.7.10 Products for which a Statement of Advice is not required
7.7.10AA Obligation on authorised representative to give a financial services guide
7.7.10AAA Record of advice without a recommendation to purchase or sell--content requirements
7.7.10AB Financial services guide--contents of guide
7.7.10AC Financial services guide
7.7.10AD Financial services guide
7.7.10AE Situations in which Statement of Advice not required
7.7.10AF Various consequential amendments to Division 7 of Part 7.7 concerning situations where Financial Services Guides do not have to be given
7.7.10AG Various consequential amendments to Division 7 of Part 7.7
7.7.10AI Obligation to warn client that advice does not take account of client's objectives, financial situation or needs--carbon units, Australian carbon credit units and eligible international emissions units
7.7.10A Statements of Advice--requirement to state information as amounts in dollars
7.7.10B Insertion of definition--further advice
7.7.10C Omission of definition--further market - related advice
7.7.10D Additional information in Statement of Advice
7.7.10E Additional information in Statement of Advice
7.7.11 Statement of Advice given by financial services licensee
7.7.11A Statement of Advice given by authorised representative of financial services licensee--licence number
7.7.11B Statement of Advice--disclosure of dollar amounts
7.7.12 Statement of Advice given by authorised representative of financial services licensee
7.7.13 Statement of Advice provided by authorised representative--disclosure of dollar amounts
7.7.13A Additional information about charges or benefits--disclosure of dollar amounts
7.7.13B Additional information about charges or benefits--disclosure of dollar amounts
Division 4--General advice provided to a retail client
7.7.14 Product Disclosure Statement not required
Division 5--Other disclosure requirements
7.7.20 General advice to retail client--no obligation to warn client
7.7.20A Extension of disclosure requirements to wholesale clients dealing with certain unauthorised insurers
Division 6--Exemptions from application of Part 7.7 of the Act
7.7.21 Exemption from application of Part 7.7 of the Act
Part 7.7A--Best interests obligations and remuneration
Division 2--Best interests obligations
7.7A.05 Best interests duty--basic banking products etc.
7.7A.06 Best interests duty--general insurance products
Division 3--Charging ongoing fees to clients
7.7A.10 Arrangements that are not ongoing fee arrangements
7.7A.11 Fee disclosure statements
7.7A.11AA Compliance records required to be kept by fee recipients
Division 4--Conflicted remuneration
Subdivision 1--Benefits in relation to life risk insurance products that are conflicted remuneration
7.7A.11A What this Subdivision is about
7.7A.11B Circumstances in which benefits in relation to life risk insurance products are conflicted remuneration
7.7A.11C Circumstances in which benefits in relation to information about life risk insurance products are not conflicted remuneration
7.7A.11D Circumstances in which benefits in relation to dealings in life risk insurance products are not conflicted remuneration
Subdivision 2--Monetary benefits that are not conflicted remuneration
7.7A.12 What subdivision is about
7.7A.12B Stamping fees
7.7A.12C Time - sharing schemes
7.7A.12D Brokerage fees
7.7A.12E Fees paid by clients for dealing services
7.7A.12EA Application of ban on conflicted remuneration--purchase or sale of financial advice business
Subdivision 3--Monetary benefits that relate to life risk insurance products
7.7A.12EB Life risk insurance products--clawback requirements related to cancellation etc.
7.7A.12EC Life risk insurance products--clawback requirements related to reduction of policy cost
Subdivision 4--Other monetary and non - monetary benefits that are not conflicted remuneration
7.7A.12F What subdivision is about
7.7A.12G General insurance
7.7A.12H Basic banking and general insurance products
7.7A.12I Mixed benefits
7.7A.13 Non - monetary benefit given in certain circumstances not conflicted remuneration: prescribed amount
7.7A.14 Non - monetary benefit given in certain circumstances not conflicted remuneration: education or training course
7.7A.15 Non - monetary benefit given in certain circumstances not conflicted remuneration: other education and training benefit
7.7A.15A Non - monetary benefit given in certain circumstances not conflicted remuneration--education and training in conducting a financial services business
Subdivision 4A--Ban on conflicted remuneration (rebates)
7.7A.15AJ What Subdivision is about
7.7A.15AK Obligations of covered person
Subdivision 6--Application provisions relating to the Corporations Amendment (Life Insurance Remuneration Arrangements) Act 2017
7.7A.16G Definitions
7.7A.16H Life risk insurance products substantially related to existing products
Subdivision 7--Asset - based fees on borrowed amounts
7.7A.17 Financial services licensees
7.7A.18 Authorised representatives
Division 6--Exemptions from application of Part 7.7A of the Act
7.7A.40 Exemption from application of Part 7.7A of the Act
Part 7.8--Other provisions relating to conduct etc connected with financial products and financial services, other than financial product disclosure
Division 2--Dealing with clients' money
Subdivision A--Money other than loans
7.8.01A Wholesale client money
7.8.01 Obligation to pay money into an account
7.8.02 Accounts maintained for section 981B of the Act
7.8.02A Accounts maintained for the purposes of section 981B of the Act--special rules for retail clients
7.8.03 How money to be dealt with if licensee ceases to be licensed etc
7.8.04 Money to which Subdivision A of Division 2 of Part 7.8 of the Act applies taken to be held in trust: breach of financial services law
7.8.05 Money to which Subdivision A of Division 2 of Part 7.8 of the Act applies taken to be held in trust: risk accepted by insurer
Subdivision AA--Client money reporting rules
7.8.05A Definitions for Subdivision AA of Division 2
7.8.05B Enforceable undertakings
7.8.05C Client money reporting infringement notices
7.8.05D Effect of client money reporting infringement notice provisions
7.8.05E Statement of reasons must be given
7.8.05F Contents of client money reporting infringement notice
7.8.05G Amount of penalty payable to the Commonwealth
7.8.05H Compliance with client money reporting infringement notice
7.8.05J Extension of client money reporting infringement notice period
7.8.05K Effect of compliance with client money reporting infringement notice
7.8.05L Application to withdraw client money reporting infringement notice
7.8.05M Withdrawal of client money reporting infringement notice by ASIC
7.8.05N Notice of withdrawal of client money reporting infringement notice
7.8.05P Withdrawal of notice after compliance
7.8.05Q Publication of details of client money reporting infringement notice
Subdivision B--Loan money
7.8.06 Statement setting out terms of loan etc
Division 3--Dealing with other property of clients
7.8.06A Property exempt from Division 3 of Part 7.8 of the Act
7.8.06B Wholesale client property
7.8.07 How property to which Division 3 of Part 7.8 of the Act to be dealt with
Division 4--Special provisions relating to insurance
7.8.08 Debts of financial services licensee in relation to premiums etc
Division 4A--Special provisions relating to margin lending facilities
Subdivision A--Responsible lending conduct for margin lending facilities
7.8.08A Limit of margin lending facility taken to be increased
7.8.08B Exemption from requirement to make unsuitability assessment
7.8.09 Reasonable inquiries etc about retail client: inquiries
7.8.09A Modification of section 985G of the Act
7.8.10 Circumstances in which margin lending facility is unsuitable
7.8.10A Margin lending facility taken not to be unsuitable
Division 6--Financial records, statements and audit
Subdivision B--Financial records of financial services licensees
7.8.11 Particular categories of information to be shown in records
7.8.11A Particular categories of information to be shown in records: records of non - monetary benefit that is not conflicted remuneration
7.8.11B Information to be shown in records: records of rebates in relation to conflicted remuneration
7.8.12 Requirements in relation to financial records of financial services licensees
Subdivision C--Financial statements of financial services licensees
7.8.12A Modification of section 989B of the Act
7.8.13 Auditor's report with annual profit and loss statement and balance sheet
7.8.13A Compliance certificate with profit and loss statement and balance sheet
7.8.14 Contents of annual profit and loss statement and balance sheet and applicable accounting procedures
7.8.14A Lodgement of annual profit and loss statement and balance sheet
Subdivision D--Appointment etc. of auditors
7.8.14B Modification of section 990B of the Act
7.8.15 Appointment of auditor by financial services licensee
7.8.16 When person is ineligible to act as auditor of financial services licensee
Division 7--Other rules about conduct
7.8.17 Priority to clients' orders
7.8.18 Instructions to deal through licensed markets
7.8.19 Records of instructions to deal on licensed markets and foreign markets
7.8.20 Dealings with non - licensees
7.8.20A Dealings involving employees of financial service licensees--risk insurance products
7.8.21 Dealings involving employees of financial services licensees
Division 8--Miscellaneous
7.8.21A Exceptions to prohibition on hawking of financial products
7.8.23 Return of financial product: transfer between superannuation entities or RSAs
7.8.24 Right of return not to apply
7.8.25 Variation of amount to be repaid
Part 7.8A--Design and distribution requirements relating to financial products for retail clients
Division 1--Preliminary
7.8A.01 Definitions
7.8A.02 Meaning of regulated person --prescribed persons
Division 2--Financial products for which target market determinations are required
7.8A.03 Financial products for which target market determinations are required
7.8A.04 Jurisdictional scope of Division
7.8A.05 Simple corporate bonds
7.8A.06 Debentures of certain bodies
7.8A.07 Basic banking products
7.8A.08 Investor - directed portfolio services
7.8A.09 Exchange traded products
7.8A.10 Custodial or depository services
Division 3--Exemptions
7.8A.20 Financial products for which target market determinations are not required
7.8A.25 Exemption from Part 7.8A--Employers complying with certain superannuation guarantee obligations
Part 7.9--Financial product disclosure and other provisions relating to issue and sale of financial products
Division 1--Preliminary
7.9.01 Interpretation
7.9.02 Sub - plans
7.9.02A Alternative ways of giving Statement
7.9.02B Product Disclosure Statement in electronic form
Division 2--Arrangements for Product Disclosure Statements in relation to superannuation products and RSAs
Subdivision 2.1--Preliminary
7.9.03 Application of Division 2
Subdivision 2.2--Late provision of Product Disclosure Statement for certain members of regulated superannuation fund, public offer superannuation fund or successor fund
7.9.04 Product Disclosure Statement to be provided later
Subdivision 2.3--Product Disclosure Statement for RSA
7.9.05 Situation in which Product Disclosure Statement is not required
Subdivision 2.4--Additional obligations for eligible rollover funds
7.9.06A Meaning of relevant superannuation entity
7.9.06B Application forms
Subdivision 2.5--Product Disclosure Statement for insurance options
7.9.07 Modification of Act: Product Disclosure Statement in relation to insurance options
Division 2A--Product Disclosure Statement for warrants
7.9.07A Warrants
Division 2B--Product Disclosure Statement for market - traded derivatives
7.9.07B Product Disclosure Statements for certain market - traded derivatives
7.9.07C Remedies for Product Disclosure Statements for certain market - traded derivatives
Division 2BA--Product Disclosure Statement for discretionary mutual funds
7.9.07CA Extension of Product Disclosure Statement requirements to wholesale clients
Division 2C--Situations where a Product Disclosure Statement is not required
7.9.07D Product Disclosure Statement not required for offers of bundled contracts of insurance
7.9.07E Product Disclosure Statement not required if offer of financial product is declined
7.9.07F Product Disclosure Statement not required if the client is not contactable
7.9.07FA Product Disclosure Statement not required for certain specified products
7.9.07FB Product Disclosure Statement not required if client not in this jurisdiction
7.9.07FC Product Disclosure Statement not required general insurance situation
Division 2D--Preparation and content of Product Disclosure Statements
7.9.07J Only 1 responsible person for a Product Disclosure Statement
7.9.07K Definition of defective : Product Disclosure Statement, Short - Form PDS or Replacement Product Disclosure Statement
Division 2E--Obligation to make information publicly available: registrable superannuation entities
Subdivision 2E.1--Obligation to make product dashboard publicly available
7.9.07L Modification of Act
7.9.07M Source of power for this Subdivision
7.9.07N Definitions
7.9.07P Meaning of MySuper product dashboard reporting standards
7.9.07Q Product dashboard--how information must be set out
7.9.07R Product dashboard--return target
7.9.07S Product dashboard--return
7.9.07T Product dashboard--comparison between return target and return
7.9.07U Comparison to be set out as a graph
7.9.07V Product dashboard--level of investment risk
7.9.07W Product dashboard--statement of fees and other costs
Subdivision 2E.2--Making portfolio holding information publicly available
7.9.07Z Kinds of disclosable item for aggregated reporting
7.9.07ZA Way the information must be organised
Subdivision 2E.3--Additional obligations to provide information
7.9.07ZB Obligation to provide information to the holder of a superannuation product via website
7.9.07ZC Transitional obligation to provide information to the holder of a superannuation product via website
Division 3--Dealing with money received for financial product before the product is issued
7.9.08 Accounts
7.9.08A Dealing with interest
7.9.08B Crediting of payments before money is received
7.9.08C Money held in trust for a superannuation product or RSA
7.9.08D Statutory funds under the Life Insurance Act 1995
Division 4--Content of Product Disclosure Statements
Subdivision 4.1--Preliminary
7.9.09 Application of this Division
Subdivision 4.1A--No Product Disclosure Statement for carbon units, Australian carbon credit units and eligible international emissions units
7.9.09A Application of this Subdivision
7.9.09B Provisions of Part 7.9 of Act that do not apply in relation to carbon units, Australian carbon credit units and eligible international emissions units
7.9.09C Modification of Act
Subdivision 4.2A--Form and content of Product Disclosure Statement for standard margin lending facility
7.9.11 Application of this Subdivision
7.9.11A Provisions of Part 7.7 of Act that do not apply in relation to standard margin lending facility
7.9.11B Definitions for Subdivision 4.2A
7.9.11C Modification of Act--standard margin lending facility
7.9.11D Form and content of Product Disclosure Statement for standard margin lending facility
7.9.11E Requirements for references to incorporated information for standard margin lending facility
7.9.11F Retention of copies of Product Disclosure Statement for standard margin lending facility
7.9.11G Requirement to provide copy of Product Disclosure Statement for standard margin lending facility free of charge
7.9.11H Notification about change to Approved Securities List or current interest rate for standard margin lending facility
Subdivision 4.2B--Content of Product Disclosure Statement for superannuation product
7.9.11K Application of this Subdivision
7.9.11L Provisions of Part 7.7 of Act that do not apply in relation to superannuation product
7.9.11LA Attribution of accrued default amount to MySuper product--exemption from significant event notice requirements
7.9.11LB Attribution of accrued default amount to MySuper product--modification of significant event notice requirements
7.9.11M Provisions of Part 7.9 of Act that do not apply in relation to superannuation product
7.9.11N Modification of Act--superannuation product
7.9.11O Form and content of Product Disclosure Statement for superannuation product
7.9.11P Requirements for references to incorporated information for superannuation product
7.9.11Q Retention of copies of Product Disclosure Statement for superannuation product
7.9.11R Requirement to provide copy of Product Disclosure Statement for superannuation product free of charge
Subdivision 4.2C--Content of Product Disclosure Statement for simple managed investment scheme
7.9.11S Application of this Subdivision
7.9.11T Provisions of Part 7.7 of Act that do not apply in relation to simple managed investment scheme
7.9.11U Provisions of Part 7.9 of Act that do not apply in relation to simple managed investment scheme
7.9.11V Modification of Act--simple managed investment scheme
7.9.11W Form and content of Product Disclosure Statement for simple managed investment scheme
7.9.11X Requirements for references to incorporated information for simple managed investment scheme
7.9.11Y Retention of copies of Product Disclosure Statement for simple managed investment scheme
7.9.11Z Requirement to provide copy of Product Disclosure Statement for simple managed investment scheme free of charge
Subdivision 4.2D--Content of Product Disclosure Statement for simple sub - fund products
7.9.11ZA Application of this Subdivision
7.9.11ZB Provisions of Part 7.7 of Act that do not apply in relation to simple sub - fund products
7.9.11ZC Provisions of Part 7.9 of Act that do not apply in relation to simple sub - fund products
7.9.11ZD Modification of Act--simple sub - fund products
7.9.11ZE Form and content of Product Disclosure Statement for simple sub - fund products
7.9.11ZF Requirements for references to incorporated information for simple sub - fund products
7.9.11ZG Retention of copies of Product Disclosure Statement for simple sub - fund products
7.9.11ZH Requirement to provide copy of Product Disclosure Statement for simple sub - fund products free of charge
Subdivision 4.3--Other arrangements for Product Disclosure Statements and application forms
7.9.12 Modification of Act: Product Disclosure Statements and application forms for standard employer - sponsors and successor funds
7.9.13 Offer of superannuation interest without application or eligible application
7.9.14 Remedies for person acquiring financial product under defective Product Disclosure Statement: superannuation and RSAs
7.9.14A Treatment of arrangements under which a person can instruct another person to acquire a financial product
Subdivision 4.4--Product information for certain insurance products
7.9.14B Product information
Division 4A--General
7.9.14C Labour standards and environmental, social and ethical considerations
7.9.14D Further statements required in Product Disclosure Statement--financial claims scheme
7.9.15 More detailed information in Product Disclosure Statement: unauthorised foreign insurer
7.9.15A Product Disclosure Statements--requirement to state information as amounts in dollars
7.9.15B Product Disclosure Statements--disclosure of dollar amounts
7.9.15C Product Disclosure Statements--disclosure of dollar amounts
7.9.15CA Less information in Product Disclosure Statement--financial claims scheme
7.9.15D Less information in product disclosure statement: general insurance product
7.9.15DA Statement or information not included in a Product Disclosure Statement
7.9.15DB Requirement to keep record of Product Disclosure Statement and other documents
7.9.15DC Requirement to lodge documents mentioned in a Product Disclosure Statement with ASIC
7.9.15E More detailed information in product disclosure statement: general insurance product
7.9.15F Product disclosure statement: general insurance product
7.9.15FA Transitional arrangements for regulations 7.9.15D, 7.9.15E and 7.9.15F
7.9.15H New section 1012G: product disclosure statement may sometimes be provided later
7.9.15I Modification of section 1012IA
7.9.16 More detailed information in Product Disclosure Statement: consumer credit insurance product
7.9.16A Small scale offerings of managed investment and other prescribed financial products (20 issues or sales in 12 months)
Division 4B--Ongoing disclosure
7.9.16G Ongoing disclosure of material changes and significant events
Division 4C--Fee Disclosure for certain financial products
Subdivision 4C.1--Application
7.9.16J Application of this Division to financial products
7.9.16JA Application of this Division to financial products--temporary arrangements
7.9.16K Application of this Division to periodic statements and Product Disclosure Statements
Subdivision 4C.2--Product Disclosure Statements
7.9.16L More detailed information about fees and costs
7.9.16M Modification of section 1015C of the Act
7.9.16N Presentation, structure and format of fees and costs in Product Disclosure Statements
Subdivision 4C.3--Periodic statements
7.9.16O Presentation, structure and format of fees and charges in periodic statements
Division 4D--Other requirements relating to Product Disclosure Statements and Supplementary Product Disclosure Statements
Subdivision 4D.1--Requirement to lodge a notice with ASIC
7.9.16T Variation of paragraph 1015D(2)(b) of the Act
Division 5--Ongoing requirements for product disclosure after person becomes a member
Subdivision 5.1--Preliminary
7.9.17 Application of Division 5
Subdivision 5.2--Periodic statements for retail clients for financial products that have an investment component: regulated superannuation funds, approved deposit funds and RSAs
7.9.18 Application of Subdivision 5.2
7.9.19 Specific requirements for periodic statements: superannuation funds (other than self managed superannuation funds) and RSAs
7.9.19A Withdrawal benefit--fees, charges or expenses
7.9.19B Withdrawal benefit--fees, charges and expenses
7.9.20 Specific requirements for certain periodic statements: superannuation funds (other than self managed superannuation funds)
7.9.20AA Specific requirements for certain periodic statements: superannuation funds (other than self managed superannuation funds)--long - term returns
7.9.20A Details of other significant benefits--disclosure of fees, charges or expenses
7.9.20B Other significant benefits--disclosure of fees, charges or expenses
7.9.21 Specific requirements in particular cases: member (other than capital guaranteed member) of fund other than a self managed superannuation fund
7.9.22 Specific requirements: capital guaranteed funds and RSAs
7.9.23 Information for capital guaranteed fund: benefits reach $10 000
7.9.24 Modification of Act: pensioners, members subject to compulsory protection of small amounts and members with small amounts that are expected to grow quickly
Subdivision 5.3--Periodic statements for retail clients for financial products that have an investment component: information for RSAs
7.9.25 Application of Subdivision 5.3
7.9.26 Specific requirements where applicable: RSAs
7.9.27 Modification of Act: periodic statements for RSA holders
7.9.28 Information for RSA: amount reaches $10 000
Subdivision 5.4--Periodic statements for retail clients for financial products that have an investment component: additional information for superannuation entities and RSA providers
7.9.29 Application of Subdivision 5.4
7.9.30 Additional information for change to choices
Subdivision 5.4A--Periodic statements for retail clients for financial products that have an investment component: additional information for margin lending facilities
7.9.30A Application of Subdivision 5.4A
7.9.30B Details to be included in periodic statements for margin lending facilities
Subdivision 5.5--Fund information for retail clients for financial products that have an investment component: superannuation
7.9.31 Application of Subdivision 5.5
7.9.31A Trustee of superannuation entity must provide fund information to holders of interests in the entity
7.9.32 Fund information must be provided for each fund reporting period
7.9.33 Use of more than 1 document
Subdivision 5.6--Fund information for retail clients for financial products that have an investment component: fund information for regulated superannuation funds and approved deposit funds
7.9.34 Application of Subdivision 5.6
7.9.35 General requirement
7.9.36 Specific requirements in all cases
7.9.37 Specific requirements in particular cases
7.9.39 Benefits determined by life insurance products
Subdivision 5.7--Fund information for retail clients for financial products that have an investment component: fund information for pooled superannuation trusts
7.9.40 Application of Subdivision 5.7
7.9.41 Specific requirements in all cases
7.9.42 Specific requirements in particular cases
Subdivision 5.8--Ongoing disclosure of material changes and significant events
7.9.43 Modification of Act: disclosure of material changes and significant events in relation to superannuation products and RSAs
7.9.44 Benefits to be paid to eligible rollover fund
Subdivision 5.8A--Information in relation to inactive superannuation accounts
7.9.44A Meaning of inactive
7.9.44B Notices about insurance--inactivity
7.9.44C Notices about insurance--right to cease insurance cover
Subdivision 5.9--Information on request: members
7.9.45 Regulated superannuation funds, approved deposit funds and pooled superannuation trusts
7.9.46 RSAs
Subdivision 5.10--Information on request: payments
7.9.47 Modification of Act: charges for information requested
Subdivision 5.12--Periodic report when product holder ceases to hold product: superannuation products and RSAs
7.9.49 Application of Subdivision 5.12
7.9.50 Meaning of exit reporting period
7.9.51 Time for compliance
7.9.52 General requirement
7.9.53 Information on death of product holder
7.9.54 Specific requirements in all cases
7.9.55 Specific requirements in particular cases
7.9.56 Exceptions to exit reporting period provisions: superannuation products and RSAs
7.9.57 Exception--members subject to compulsory protection of small amounts
7.9.58 Information to be given in cases other than death of RSA holder
7.9.59 Information to be given where applicable
7.9.60 Modification of Act: exceptions to exit reporting period provisions
Division 5AA--General requirements for financial disclosure
7.9.60A Modification of Act: disclosure
7.9.60B Disclosure of transactions in periodic statements
Division 5AB--Short - Form Product Disclosure Statements
7.9.61AA Modification of the Act: Short - Form Product Disclosure Statements
Division 5A--Dealing with money received for financial product before the product is issued
7.9.61A Lost application money
7.9.61B Issue of substitute insurance product
7.9.61C Cheques
Division 5B--Confirming transactions
7.9.61D Transactions involving superannuation products
Division 5C--CGS depository interests
7.9.61E Meaning of CGS depository interest information website
Division 6--Confirmation of transactions
7.9.62 Confirmation of transactions not required
7.9.63 Confirmation of transactions: precise costs of transaction not known
7.9.63A Persons who must confirm transactions
7.9.63B Content of confirmation of transactions--general
7.9.63C Confirmation of transaction--multiple transactions
7.9.63D Confirmation of transaction--information about cooling - off period
7.9.63E Confirmation of transaction--facility that provides written confirmation
7.9.63F Confirmation of transaction--acquisition of financial product
7.9.63G Confirmation of transaction--disposal of financial product
7.9.63H Certain product issuers and regulated persons must meet appropriate dispute resolution requirements--self managed superannuation funds
7.9.63I Confirmation of transaction in electronic form
Division 7--Cooling - off periods
7.9.64 Cooling - off periods not to apply
7.9.64A Notification of exercise of right of return--risk insurance products
7.9.65 Return of financial product: general
7.9.66 Return of financial product: superannuation and RSAs
7.9.67 Variation of amount to be repaid
7.9.68 Modification of section 1019B of the Act: client includes standard employer - sponsor
7.9.69 Modification of provisions of Division 5 of Part 7.9 of the Act: terms of contract
7.9.70 Modification of provisions of Division 5 of Part 7.9 of the Act: distributions
Division 8--Other requirements
7.9.71 Modification of section 1017D of the Act: use of more than 1 document
7.9.71A Periodic statements--exemption for passbook accounts
7.9.72 Modification of section 1017D of the Act: information already given
7.9.73 Reporting periods: general
7.9.74 Form of application
7.9.74A Periodic statements--requirement to state information as amounts in dollars
7.9.75 Content of periodic statements: costs of transactions
7.9.75A Ways of giving information
7.9.75B Information in electronic form
7.9.75C Periodic statements--disclosure of amounts
7.9.75D Periodic statements--disclosure of amounts
7.9.76 Consents to certain statements
7.9.77 Alternative dispute resolution requirements--product issuer that is not a financial services licensee
7.9.77A Dispute resolution requirement--obligation to cooperate with AFCA
7.9.78 Additional statement: trustee required to provide benefits
7.9.80B Short selling of certain warrants
Division 9--Additional requirements for transfer of lost members and lost RSA holders
7.9.81 Lost members
7.9.82 Lost RSA holders
Division 11--Superannuation to which arrangements apply under the Family Law Act 1975
7.9.84 Definitions for Division 11
7.9.85 Application of Division 11
7.9.86 Acquisition of financial product
7.9.87 Modification of Act: Product Disclosure Statement in relation to superannuation interest under Family Law Act
7.9.88 Statement content in relation to superannuation interest under Family Law Act: superannuation fund
7.9.89 Statement content in relation to superannuation interest under Family Law Act: RSA
7.9.90 Information for existing holders of superannuation products and RSAs in relation to superannuation interest
7.9.91 Periodic statements for retail clients for financial products that have an investment component--general
7.9.92 Periodic statements for retail clients for financial products that have an investment component--superannuation interest other than percentage - only interest
7.9.93 Trustees of superannuation entities--additional obligation to provide information in relation to superannuation interest
7.9.94 Division 5 of Part 7.9 of the Act not to apply in relation to non - member spouse
Division 12--Medical indemnity insurance
7.9.95 Medical indemnity insurance--exemption from product disclosure provisions
Division 13--Unsolicited offers to purchase financial products off market
Subdivision A--Modifying provisions of Part 7.9 of the Act: offers to purchase securities in certain proprietary companies
7.9.95A Offers to which this Subdivision applies
7.9.95B Duration and withdrawal of the offer
7.9.95C Varying the terms of the offer
7.9.95D Rights if requirements not complied with
Subdivision B--Other matters
7.9.96 Percentage increase or decrease in the market value of a product
7.9.97 Off - market trading by professional investors etc
7.9.97A Information in offer document if payment is to be made in instalments
Division 14--Exemptions from Parts 7.7, 7.8 and 7.9 of the Act
7.9.98 Certain providers of financial services exempted from the requirements of Parts 7.7, 7.8 and 7.9 of the Act
7.9.98A Exemption from application of Part 7.9 of the Act
Division 15--Disclosure in relation to short sales covered by securities lending arrangement of listed section 1020B products
7.9.99 Interpretation
7.9.100 Seller disclosure
7.9.100A Seller disclosure of existing short position
7.9.101 Licensee disclosure
7.9.102 Public disclosure of information
Part 7.10--Market misconduct and other prohibited conduct relating to financial products and financial services
7.10.01 Meaning of Division 3 financial products-- excluded superannuation products
7.10.02 Professional standards schemes
7.10.03 Exemption for market participants of qualifying gas trading exchange
Part 7.10B--Financial services compensation scheme of last resort
7.10B.50 Reporting by CSLR operator if sub - sector levy cap could be exceeded (or further exceeded)
7.10B.55 Reporting by CSLR operator after the end of each levy period
Part 7.11--Title and transfer
Division 1--Preliminary
7.11.01 Definitions
7.11.03 Arrangements about Division 4 financial products
7.11.04 Arrangements for forms
7.11.05 Document duly completed in accordance with a particular form
7.11.06 Stamping of documents
7.11.07 Application of Division 3 of Part 7.11 of the Act to certain bodies
7.11.08 Interests in registered schemes
Division 2--Application of Part 7.11
7.11.09 Application
Division 3--Transfer of Division 3 securities effected otherwise than through a prescribed CS facility
7.11.10 Application of Division 3
7.11.11 Sufficient transfer: general
7.11.12 Sufficient transfer of Division 3 assets: licensed trustee company or Public Trustee of a State or Territory
7.11.13 Sufficient transfer of Division 3 rights: licensed trustee company or Public Trustee of a State or Territory
7.11.14 Sufficient transfer
7.11.15 Transferee's execution of transfer of Division 3 assets
7.11.16 Transferee's execution of transfer of Division 3 rights
7.11.17 Transfer document that purports to bear stamp of transferor's broker
7.11.18 Warranties by market licensee if transfer document purports to bear its stamp
7.11.19 Indemnities by market licensee and broker if transfer document purports to bear their stamps
7.11.20 Joint and several warranties and liabilities
7.11.21 Registration of certain instruments
7.11.22 Details to be included in instrument of transfer
Division 4--Transfer of Division 4 financial products effected through prescribed CS facility
7.11.23 Application of Division 4
7.11.24 Application of ASTC operating rules
7.11.25 Participant's authority to enter into transaction continues despite client's death
7.11.26 Authority to enter into transaction gives authority to transfer
7.11.27 Effect of proper ASTC transfer on transferee: Division 4 financial products other than rights
7.11.28 Effect of proper ASTC transfer on transferee: rights
7.11.29 Warranties by participant if identification code is included in transfer document
7.11.30 Indemnities in respect of warranted matters: transfer not effected by the participant
7.11.31 Indemnities in respect of warranted matters: transferor not legally entitled or authorised to transfer Division 4 financial products
7.11.32 Indemnities in respect of warranted matters: participant not authorised to effect transfer
7.11.33 Joint and several warranties and liabilities
7.11.34 ASTC entitled to assume its operating rules complied with
7.11.35 ASTC - regulated transfer not to be registered unless proper ASTC transfer
7.11.36 Issuer not to refuse to register proper ASTC transfer
7.11.37 Determination of who holds Division 4 financial products for the purposes of meeting
7.11.38 Determination of who holds Division 4 financial products in class of Division 4 financial products for the purposes of meeting
7.11.39 Determination of who holds Division 4 financial products for the purposes of conferring security benefits
Division 5--Offences
7.11.40 Stamping of broker's stamp on sufficient transfer
7.11.41 Inclusion of identification codes in proper ASTC transfers
7.11.42 Contravention by participant of the ASTC certificate cancellation provisions relating to use of cancellation stamps
Division 6--Civil liability
7.11.43 Contravention by participant of the ASTC certificate cancellation provisions
Part 7.12--Miscellaneous
7.12.01 Destruction of records by ASIC
Chapter 8--Mutual recognition of securities offers
Part 8.1--Preliminary
8.1.01 Meaning of foreign recognition scheme
8.1.02 Meaning of offeror-- prescribed offer and kind of person
8.1.03 Meaning of recognised jurisdiction
Part 8.2--Foreign offers that are recognised in this jurisdiction
Division 1--Recognised offers
8.2.01 Prescribed offer (Act s 1200C(4))
8.2.02 Prescribed warning statements (Act s 1200E)
8.2.03 Prescribed details to be given in warning statements (Act s 1200E(b))
8.2.04 Prescribed home regulators (Act s 1200G(13) and (14))
Division 4--Modification of the Act in relation to its application to recognised offers for interests in New Zealand managed investment schemes (Act s 1020G, 1200M)
8.4.01 Modification of Part 7.9 of the Act--New Zealand offer documents replace Product Disclosure Statements
8.4.02 Modification of Part 6D.2 of the Act and Part 7.9 of the Act--certain disclosure obligations not to apply
Chapter 8A--Asia Region Funds Passport
Part 8A.4--Notified foreign passport funds
Division 1--Becoming a notified foreign passport fund
8A.4.10 Rejecting a notice of intention--name of fund identical to another or unacceptable
Division 4--Providing key information in relation to notified foreign passport funds
8A.4.40 Register of members--purposes for which a person may obtain and use a copy
8A.4.45 Destruction of records by ASIC--period before documents may be destroyed
Part 8A.5--Register of passport funds
8A.5.10 Prescribed details for the Register of Passport Funds
Part 8A.7--Deregistration and denotification
8A.7.10 Authority
8A.7.15 Continued application of Corporations legislation to deregistered Australian passport funds
8A.7.20 Continued application of Corporations legislation to funds that have been removed as notified foreign passport funds
Chapter 8B--Corporate collective investment vehicles
Part 8B.4--Corporate finance and financial reporting for CCIVs
Division 1--Shares
8B.4.10 Cross investment between sub - funds of a CCIV--restriction for circular cross - investment
8B.4.15 Cross investment between sub - funds of a CCIV--requirements and restrictions on membership rights
Division 4--Financial reports and audit of CCIVs
8B.4.40 Keeping financial records for sub - funds--further requirement for cross - investment
8B.4.45 Annual financial reports for sub - funds--further requirement for cross - investment
8B.4.50 Combining financial reports, and directors' reports etc., for sub - funds of the same CCIV
Part 8B.5--Operating a CCIV
8B.5.10 Who may hold CCIV assets--minimum standards and other requirements
8B.5.15 Holding money and property of a CCIV on trust--exception
8B.5.20 Holding money and property of a CCIV separately--exception and other requirements for certain classes of assets