Commonwealth Consolidated Regulations

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CORPORATIONS REGULATIONS 2001 - REG 7.8A.06

Debentures of certain bodies

    A person must make a target market determination for a financial product if:

  (a)   the product is a debenture of a body that is:

  (i)   an ADI (short for authorised deposit - taking institution) within the meaning of the Banking Act 1959 ; or

  (ii)   registered under section   21 of the Life Insurance Act 1995 ; and

  (b)   but for subsection   708(19) of the Act, disclosure to investors under Part   6D.2 of the Act would be needed for an offer of the debenture for issue or sale; and

  (c)   the person is the person who, but for subsection   708(19) of the Act, would be required to prepare a disclosure document for an offer of the debenture for issue or sale.

Note:   The person must make the determination before any person engages in retail product distribution conduct in relation to the product: see subparagraph   994B(2)(b)(ii) of the Act.


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