Corporations Act 2001
Sections and provisions with full text and the judgments that cite each one.
Section 1017A — Obligation to give additional information on request
Obligation to give information (1) The following people may request the person who is the responsible person for a Product Disclosure Statement for a financial product under Division 2 to provide…
Section 1017BA — Trustees of regulated superannuation funds—obligation to make product dashboard publicly available
(1) The trustee, or the trustees, of a regulated superannuation fund that has 7 or more members must ensure: (a) that a product dashboard for each of the fund’s MySuper products and choice products…
Section 1017DA — Trustees of superannuation entities—regulations may specify additional obligations to provide information
(1) The regulations may: (a) require the trustee of a superannuation entity to do all or any of the following: (i) provide the holder of a superannuation product (being an interest in that entity)…
Section 1017B — Ongoing disclosure of material changes and significant events
Issuer to notify holders of changes and events (1) If: (a) a person (the holder) acquired a financial product as a retail client (whether or not it was acquired from the issuer); and (b) either: (i)…
Section 1017BB — Trustees of registrable superannuation entities—obligation to make information relating to investment of assets publicly available
Obligation to publicise investment information (1) The trustee, or the trustees, of a registrable superannuation entity (the reporting entity) must make the following information about each of the…
Section 1017C — Information for existing holders of superannuation products and RSAs
Application (1) This section applies to the issuer of a financial product if the product is: (a) a superannuation product; or (b) an RSA. Information for concerned person related to a superannuation…
Section 1017D — Periodic statements for retail clients for financial products that have an investment component
(1) If: (a) a person (the holder) of a financial product acquired the financial product as a retail client (whether or not it was acquired from the issuer); and (b) the product is: (i) a managed…
Section 1017E — Dealing with money received for financial product before the product is issued
(1) This section applies to money paid to: (a) an issuer (the product provider) of financial products; or (b) a seller (the product provider) of financial products in relation to which the seller has…
Section 1017F — Confirming transactions
Transactions to which this section applies (1) This section applies in relation to a transaction involving a financial product if: (a) a person (the holder) acquired the product as a retail client;…
Section 1017G — Certain product issuers and regulated persons must meet appropriate dispute resolution requirements
(1) If: (a) particular financial products are, or have been, available for acquisition (whether by issue or sale) by a person or persons as retail clients; and (b) the issue or sale of those products…
Section 1018A — Advertising or other promotional material for financial product must refer to Product Disclosure Statement
Advertisements and promotional material must identify issuer (or issuer and seller) and refer to Product Disclosure Statement (1) Subject to this section, if a particular financial product is…
Section 1018B — Prohibition on advertising personal offers covered by section 1012E
(1) A person must not advertise an offer, or intended offer, of financial products that would not need a Product Disclosure Statement because of section 1012E. Note: Failure to comply with this…
Section 1019A — Situations in which this Division applies
(1) Subject to subsection (2), this Division applies if: (a) a financial product of one of the following classes is provided in this jurisdiction to a person as a retail client after the commencement…
Section 1019B — Cooling-off period for return of financial product
(1) Subject to this section, the client has the right to return the financial product to the responsible person and to have the money they paid to acquire the product repaid. This is so even if the…
Section 1019D — Offers to which this Division applies
(1) This Division applies to an offer in relation to which the following paragraphs are satisfied: (a) the offer is an unsolicited offer to purchase a financial product made by a person (the offeror)…
Section 1019E — How offers are to be made
(1) An offer to which this Division applies must not be made otherwise than by sending an offer document in printed or electronic form to the offeree in accordance with the following requirements:…
Section 1019F — Prohibition on inviting offers to sell
A person must not invite another person to make an offer to sell a financial product in circumstances in which, if the invitation were instead an offer to purchase the financial product, that offer…
Section 1019G — Duration and withdrawal of offers
(1) An offer to which this Division applies: (a) must remain open for at least 1 month after the date of offer; and (b) cannot remain open for more than 12 months after the date of offer. (2) The…
Section 1019H — Terms of offer cannot be varied
(1) The terms of an offer to which this Division applies, as set out in the offer document, cannot be varied. (2) A purported variation of the terms of the offer is ineffective. (3) This section does…
Section 1019I — Contents of offer document
(1) The offer document by which an offer to which this Division applies is made must identify the offeror and be dated. (2) The offer document must also contain the following: (a) the price at which…
Section 1019J — Obligation to update market value
(1) This section applies if: (a) the offer document by which an offer to which this Division applies is made states the market value of the financial product to which the offer relates as at the date…
Section 1019K — Rights if requirements of Division not complied with
First situation covered by this section—offers to which this Division applies (1) This section applies if, in relation to an offer to which this Division applies, the offeree (the seller) accepts the…
Section 1020A — Offers etc. relating to certain managed investment schemes not to be made in certain circumstances
Obligation (1) A person must not engage in conduct of a kind referred to in subsection (2) in relation to a financial product described in paragraph 764A(1)(ba) (which relates to certain managed…
Section 1020AA — Meaning of securities lending arrangement
A securities lending arrangement is an arrangement under which: (a) one entity (the lender) agrees that it will: (i) deliver particular securities, managed investment products, foreign passport fund…
Section 1020AAA — Treatment of transactions relating to section 1020B products
(1) For the purposes of this Division, treat the following as being made on a licensed market: (a) a sale of section 1020B products made by a financial services licensee on behalf of both the buyer…
Section 1020BAA — Offers etc. relating to foreign passport funds not to be made in certain circumstances
(1) A person must not engage in conduct of a kind referred to in subsection (2) in relation to an interest in a foreign passport fund if the fund is not: (a) a notified foreign passport fund; or (b)…
Section 1020AB — Seller disclosure
(1) Subsection (3) applies if: (a) either: (i) a financial services licensee, on behalf of a person (the seller), makes a sale in this jurisdiction of section 1020B products on a licensed market to a…
Section 1020B — Prohibition of certain short sales of securities, managed investment products, foreign passport fund products and certain other financial products
(1) In this Act: section 1020B products means: (a) securities; or (b) managed investment products; or (ba) foreign passport fund products; or (c) financial products referred to in paragraph…
Section 1020AC — Licensee disclosure
(1) Subsection (2) applies if: (a) the seller mentioned in subparagraph 1020AB(1)(a)(i) gives a financial services licensee information in accordance with section 1020AB in relation to a sale of…
Section 1020AD — Public disclosure of information
(1) Subsection (2) applies if: (a) any of the following apply, in relation to a sale of section 1020B products on a licensed market: (i) the seller mentioned in subparagraph 1020AB(1)(a)(ii) gives…
Section 1020D — Part cannot be contracted out of
A condition of a contract for the acquisition of a financial product is void if it provides that a party to the contract is: (a) required or bound to waive compliance with any requirement of this…
Section 1020AE — Licensee’s obligation to ask seller about short sale
The financial services licensee must not make a sale in this jurisdiction of section 1020B products on a licensed market if: (a) the sale is on behalf of a person (the seller); and (b) the seller…
Section 1020E — Stop orders by ASIC
(1) This section applies if: (a) either: (i) a disclosure document or statement is defective (see subsection (11)); or (ia) a disclosure document or statement does not comply with a requirement of…
Section 1020AF — Regulations
(1) Regulations made for the purposes of this Division may specify a matter or thing differently for different kinds of persons, things or circumstances. For example, the regulations may: (a) specify…
Section 1020F — Exemptions and modifications by ASIC
(1) ASIC may: (a) exempt a person or class of persons from all or specified provisions of this Part; or (b) exempt a financial product or a class of financial products from all or specified…
Section 1020AG — Jurisdictional scope of Division
(1) Section 1020AI applies only in relation to recommendations received in this jurisdiction. (2) The regulations may make provision dealing with the jurisdictional scope of some or all of the other…
Section 1020G — Exemptions and modifications by regulations
(1) The regulations may: (a) exempt a person or class of persons from all or specified provisions of this Part; or (b) exempt a financial product or a class of financial products from all or…
Section 1020AH — Meaning of CGS depository interest information website, information statement and regulated person
(1) In this Act: CGS depository interest information website means a website that is prescribed by the regulations for the purposes of this definition. information statement for a class of CGS…
Section 1020AI — Requirement to give information statements for CGS depository interest if recommending acquisition of interest
(1) A regulated person must give a person (the client) each information statement for a class of CGS depository interests if: (a) the regulated person provides financial product advice to the client…
Section 1020AJ — Information statement given must be up to date
A regulated person must not, in purported compliance with this Division, give a person at a time a document that: (a) purports to be an information statement for a class of CGS depository interests;…
Section 1020AK — How an information statement is to be given
(1) An information statement for a class of CGS depository interests: (a) must be: (i) given to a person, or the person’s agent, personally; or (ii) sent to the person, or the person’s agent, at an…
Section 1020AL — Civil action for loss or damage
(1) A person (the client) who suffers loss or damage for a reason described in column 1 of an item of the table may recover the amount of the loss or damage by action begun against a person indicated…
Section 1021A — Overview
This Subdivision contains provisions creating offences by reference to various rules contained in preceding Divisions of this Part. However, it does not create all the offences relating to those…
Section 1021FA — Paragraph 1012G(3)(a) obligation—offences relating to communication of information
Offence where information known to be defective (1) A person (the providing entity) commits an offence if: (a) the providing entity communicates information required by paragraph 1012G(3)(a) to…
Section 1021NA — Offences relating to obligation to make product dashboard publicly available
Failure to comply with obligation to make product dashboard publicly available (1) A person commits an offence if: (a) the person is a trustee of a regulated superannuation fund; and (b) as trustee,…
Section 1021B — Meaning of defective and disclosure document or statement
(1) In this Subdivision: defective, in relation to a disclosure document or statement, means: (a) there is a misleading or deceptive statement in the disclosure document or statement; or (b) if it is…
Section 1021FB — Paragraph 1012G(3)(a) obligation—offences relating to information provided by product issuer for communication by another person
Product issuer knows information is defective (1) The issuer of a financial product commits an offence if: (a) the issuer provides information (whether in a document or otherwise) relating to the…
Section 1021NB — Offences relating to obligation to make superannuation investment information publicly available
Failure to comply with obligation to make information publicly available (1) A person commits an offence if: (a) the person is a trustee of a registrable superannuation entity; and (b) as trustee,…
Section 1021C — Offence of failing to give etc. a disclosure document or statement
Strict liability offence (1) A person (the providing entity) commits an offence if: (a) the providing entity: (i) is required by a provision of this Part to give another person a Product Disclosure…
Section 1021D — Offence of preparer of defective disclosure document or statement giving the document or statement knowing it to be defective
(1) A person commits an offence if: (a) the person prepares (or has someone else prepare for them) a disclosure document or statement (not being information required by paragraph 1012G(3)(a)); and…