Instead of setting out information that is contained in a document (the
) that has been lodged with ASIC, a base prospectus or an offer-specific prospectus may simply refer to the lodged document. The reference must:
(a) identify the lodged document or the part of the lodged document that contains the information; and
(b) inform people of their right to obtain a copy of the lodged document (or part) under subsection (5).
The reference must also include:
(a) if the information is primarily of interest to professional analysts or advisers or investors with similar specialist information needs:
(i) a description of the contents of the lodged document (or part); and
(ii) a statement to the effect that the information in the lodged document (or part) is primarily of interest to those people; or
(b) in any other case
sufficient information about the contents of the lodged document to allow a person to whom the offer is made to decide whether to obtain a copy of the lodged document (or part).
The lodged document (or part) referred to under subsection (1) is taken to be included in the base prospectus, or the offer-specific prospectus, as the case may be.
A person who wishes to take advantage of subsection (1) may lodge a document with ASIC even if this Act does not require the document to be lodged.
If the base prospectus, or the offer-specific prospectus, as the case may be, is taken to include a lodged document, or part of a lodged document, under subsection (1), the person making the offer must give a copy of the lodged document (or part) free of charge to anyone who asks for it during:
(a) in the case of a base prospectus
the covered period for the base prospectus (within the meaning of section
(b) in the case of an offer-specific prospectus
the application period for the offer-specific prospectus.