Part 3Disclosure of offers of financial products
Procedure for making regulated offers: Content and presentation of product disclosure statements and register entries
57Disclosure of material information and content of PDS and register entry
An issuer that prepares, or is required to prepare, a PDS must ensure that, as at the date on which the PDS is lodged with the Registrar,—
- the PDS—
- contains all of the information that it is required to contain by the regulations; and
- is accompanied by all of the documents that the regulations require it to be accompanied by; and
- complies with all other requirements of the regulations relating to the content of the PDS; and
- is dated not later than the date on which it is lodged with the Registrar; and
- if applicable, specifies its expiry date (see section 84) and states that no financial products will be issued or sold on the basis of the PDS in relation to applications received after the expiry date; and
- complies with section 60 (consent for expert statements or endorsements); and
- contains all of the information that it is required to contain by the regulations; and
- the register entry (if any)—
- contains all of the information that it is required to contain by the regulations; and
- contains all material information relating to the regulated offer that is not contained in the PDS; and
- complies with all other requirements of the regulations relating to the content of the register entry; and
- complies with section 60 (consent for expert statements or endorsements).
- contains all of the information that it is required to contain by the regulations; and
Subsection (1)(b)(ii) does not limit subsection (1)(a).
Subsection (1)(b)(ii) does not apply in the prescribed circumstances (which may include, for example, certain offers to existing product holders or certain situations in which information about an offer is available by means of a continuous disclosure obligation).