Licensing and disclosure: Making the transition to the FSR regime

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LICENSING AND DISCLOSURE: MAKING THE TRANSITION TO THE FSR REGIME SECTION 2: PRODUCT DISCLOSURE 2.2 What law operates during the transition period? Existing financial products 2.2.1 Under the transitional provisions, the old product disclosure regulatory regime (if any) for an existing financial product continues to apply during the transition period for that product. 2.2.2 The old product disclosure regulatory regime that applies, together with any associated provisions, during the transition period despite its repeal or amendment by the FSR legislation is: (a) for managed investment products — all the provisions of Chapter 6D of the old Corporations Act (other than s722 of that Act); (b) for derivatives — s1210 of the old Corporations Act will apply to futures contracts as defined under that Act; (c) for superannuation products — s153, 153A and 157–167 of the Superannuation Industry (Supervision) Act 1993 as in force immediately before FSR commencement on 11 March 2002; (d) for RSA products — s51, and 53–60 of the Retirement Savings Accounts Act 1997 as in force immediately before FSR commencement on 11 March 2002; (e) for insurance products — s71A and 73 of the Insurance Contracts Act 1984 as in force immediately before FSR commencement on 11 March 2002. Note 1: “Associated provisions” under the transitional provisions includes regulations, instruments (including the class orders set out in our forthcoming FSR policy statement Disclosure: Discretionary powers and transition), any relevant interpretative provisions or other provisions affecting the operation of the core provisions, and provisions relating to civil and criminal liability. Under the transitional provisions, ASIC may vary or revoke the existing class orders that will apply during the 2-year transitional period. We may revoke existing class orders where the relief will no longer be necessary (eg when we give new relief under the FSR Act that will operate during and after the 2-year transitional period). Australian Securities and Investments Commission — October 2001 Page 52
LICENSING AND DISCLOSURE: MAKING THE TRANSITION TO THE FSR REGIME SECTION 2.2: PRODUCT DISCLOSURE — WHAT LAW OPERATES DURING THE TRANSITION PERIOD? Note 2: For guidance on: (a) how existing class orders will be affected by the FSR Act; and (b) the application of our existing published policies and published guidance during the transition period; see our forthcoming FSR policy statements on Disclosure: Discretionary powers and transition and Licensing: Discretionary powers and transition. We aim to publish these policy statements before 1 December 2001. 2.2.3 In addition some obligations under Part 7.9 of the FSR Act will apply from 11 March 2002 to existing financial products: see paragraph 2.1.5 of this guide. Example New financial product classes For an existing managed investment product, during the transition period for that product: (a) Part 6D of the old Corporations Act (but not s722) will continue to apply; and (b) the Part 7.9 obligations listed at paragraph 2.1.5 will apply from FSR commencement. 2.2.4 In general, the new financial product disclosure regime under Part 7.9 of the FSR Act will apply to new financial product classes from 11 March 2002: see paragraph 2.1.2 of this guide. Australian Securities and Investments Commission — October 2001 Page 53
Page 1 and 2: CONSULTATION PAPER 26 Licensing and
Page 3 and 4: Contents LICENSING AND DISCLOSURE:
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Page 7 and 8: Product disclosure LICENSING AND DI
Page 9 and 10: Your comments LICENSING AND DISCLOS
Page 13 and 14: Our message: apply early LICENSING
Page 15 and 16: Example A LICENSING AND DISCLOSURE:
Page 21 and 22: New financial service providers REP
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Page 63 and 64: Related papers LICENSING AND DISCLO
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Licensing and disclosure: Making the transition to the FSR regime

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