Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section applies to:
(a) a listed disclosing entity if:
(i) there is only one listing market in relation to the entity and the listing rules of that market do not contain provisions of a kind referred to in subsection 674(1); or
(ii) there is more than one listing market in relation to the entity and none of those markets have listing rules that contain provisions of a kind referred to in subsection 674(1); or
(b) an unlisted disclosing entity.
(2) If:
(a) the disclosing entity becomes aware of information that is not generally available; and
(b) a reasonable person would expect the information, if it were generally available, to have a material effect on the price or value of ED securities of the entity; and
(c) either:
(i) if those securities are not managed investment products or foreign passport fund products--the information is not required to be included in a supplementary disclosure document or a replacement disclosure document in relation to the entity; or
(ii) if those securities are managed investment products or foreign passport fund products--the information has not been included in a Product Disclosure Statement, a Supplementary Product Disclosure Statement, or a Replacement Product Disclosure Statement, a copy of which has been lodged with ASIC; and
(d) regulations made for the purposes of this paragraph do not provide that disclosure under this section is not required in the circumstances;
the disclosing entity must, as soon as practicable, lodge a document with ASIC containing the information.
Note 1: Failure to comply with this subsection is an offence (see subsection 1311(1)).
Note 3: An infringement notice may be issued for an alleged contravention of this subsection, see section 1317DAC.
Note 4: Subsection (2) has an extended operation in relation to disclosing entities that have made recognised offers of securities under Chapter 8 (see section 1200K).
Note 5: Subsection (2) has a modified operation in relation to securities in a CCIV: see section 1240F.
(3) For the purposes of the application of this section to a disclosing entity that is an undertaking to which interests in a registered scheme relate:
(a) the entity is aware of information if, and only if, the responsible entity is aware of the information; and
(b) the obligation of the entity to lodge a document under subsection (2) is an obligation of the responsible entity.
(4) For the purposes of the application of this section to a disclosing entity that is an undertaking to which interests in a notified foreign passport fund relate:
(a) the entity is aware of information if, and only if, the operator of the fund is aware of the information; and
(b) the obligation of the entity to lodge a document under subsection (2) is an obligation of the operator of the fund.