Financial Markets Conduct Regulations 2014

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Part 9 Mutual recognition, interest rates, and other miscellaneous provisions

Subpart 1—Preliminary provisions relating to mutual recognition of financial product offerings: Australia

256 Interpretation

In this subpart and subparts 2 and 3, unless the context otherwise requires,—

agreement means the agreement dated 22 February 2006 between the Government of Australia and the Government of New Zealand in relation to mutual recognition of securities offerings

Australian disclosure document means any of the following:

(a)

a Product Disclosure Statement as defined in section 761A of the Corporations Act 2001 (Aust):

(b)

a disclosure document as defined in section 9 of the Corporations Act 2001 (Aust):

(c)

a document that contains disclosure relating to an offer of financial products that is required to be prepared under Australian securities legislation and by which means it is lawful under the law in Australia to accept applications for the financial products that are offered

Australian exemption or declaration means an exemption granted, or a declaration made, by the Australian regulator under the Corporations Act 2001 (Aust)

Australian offeror means an offeror that—

(a)

is incorporated under the laws of Australia; or

(b)

in the case of a natural person, is resident in Australia; or

(c)

in the case of a legal person that is not a natural person, is established under the laws of Australia; or

(d)

is registered as a foreign company under the laws of Australia

Australian recognition scheme means the recognition scheme provided for in Chapter 8 of the Corporations Act 2001 (Aust) and regulations made under that Act for implementing the agreement

Australian registered scheme means a registered scheme as defined in section 9 of the Corporations Act 2001 (Aust)

Australian regulated offer means an offer of financial products by an Australian offeror in respect of which an Australian disclosure document is required under Australian securities legislation

Australian regulator means—

(a)

the Australian Securities and Investments Commission established under the Australian Securities and Investments Commission Act 1989 and continued under the Australian Securities and Investments Commission Act 2001; or

(b)

any other similar regulator established by law to replace that Commission

Australian securities legislation

(a)

means the Corporations Act 2001 (Aust) and any regulations made under that Act, or any legislation enacted in substitution for that Act or those regulations; and

(b)

includes an exemption granted, or a declaration made, by the Australian regulator under the Corporations Act 2001 (Aust)

financial products means,—

(a)

in relation to subpart 2 (recognition regime), any or all of the following financial products:

(i)

debt securities:

(ii)

equity securities:

(iii)

managed investment products that are interests in an Australian registered scheme:

(b)

in relation to subpart 3 (application regime), any or all of the following financial products:

(i)

debt securities:

(ii)

equity securities:

(iii)

managed investment products that are interests in a New Zealand registered scheme

New Zealand offeror means an offeror that—

(a)

is incorporated under the laws of New Zealand; or

(b)

in the case of a natural person, is resident in New Zealand; or

(c)

in the case of a legal person that is not a natural person, is established under the laws of New Zealand; or

(d)

is registered as an overseas company under the laws of New Zealand

New Zealand registered scheme

(a)

means a registered scheme (as defined in section 6(1) of the Act); but

(b)

does not include a retirement scheme

offeror, in relation to an offer of an interest in an Australian registered scheme for issue, means the responsible entity for the scheme as defined in section 9 of the Corporations Act 2001 (Aust)

recognised offer means an offer referred to in regulation 260.

Compare: SR 2008/153 r 4(1)