Commonwealth Consolidated Regulations

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CORPORATIONS REGULATIONS 2001 - REG 7.9.07B

Product Disclosure Statements for certain market-traded derivatives

             (1)  For paragraph 1020G(1)(c) of the Act, subregulations (2) and (3) apply if:

                     (a)  the standard terms and conditions relating to a type of derivative are:

                              (i)  specified by the market operator; and

                             (ii)  made generally available to the public; and

                     (b)  the financial services licensee in relation to the derivative is taken to be the issuer of the derivative under subsection 761E(6) of the Act; and

                     (c)  a retail client for the derivative has agreed to the terms and conditions as applicable to the financial product or products that are the subject of the transaction.

             (2)  Subsection 1013D(1) of the Act is modified in its application to the derivative as if the information required by paragraphs 1013D(1)(b), (c), (d) and (f) were required to be included as general information about the type of derivative, including, for example:

                     (a)  general information about exercise prices for the type of derivative; and

                     (b)  general information about expiry dates for the type of derivative; and

                     (c)  general information about exercise styles for the type of derivative.

             (3)  For paragraph 1013F(2)(f) of the Act:

                     (a)  information that is, or is required to be, disclosed to the market in relation to the underlying thing from which a derivative derives its value, including information published by a market operator in relation to financial products (including derivatives and types of derivatives) in the form of market data or educational material which is generally made available to the public by the market operator is a matter that may be taken into account for section 1013F of the Act; and

                     (b)  other information that a market operator is required to disclose to the market, in accordance with the Act, including:

                              (i)  information that was required to be disclosed to the market operator; and

                             (ii)  information that the operator was required to disclose in order to meet its obligations under the Act;

                            is a matter that may be taken into account for section 1013F of the Act; and

                     (c)  information that is generally made available to the public by a market operator in relation to financial products, including information published about derivatives and types of derivatives in the form of market data or educational material, is a matter that may be taken into account for section 1013F of the Act.



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