Section 1013F — Corporations Act 2001 (Cth)

(1) Despite anything in section 1013D or 1013E, information, or a statement containing information, is not required to be included in a Product Disclosure Statement if it would not be reasonable for a person considering, as a retail client, whether to acquire the product to expect to find the information in the Statement.

(2) In considering whether it would not be reasonable for a person considering, as a retail client, whether to acquire the product to expect to find particular information in the Statement, the matters that may be taken into account include, but are not limited to:

(a) the nature of the product (including its risk profile); and

(b) the extent to which the product is well understood by the kinds of person who commonly acquire products of that kind as retail clients; and

(c) the kinds of things such persons may reasonably be expected to know; and

(d) if the product is an ED security that is not a continuously quoted security—the effect of the following provisions:

(i) Chapter 2M as it applies to disclosing entities;

(ii) sections 674, 674A, 675 and 675A; and

(e) the way in which the product is promoted, sold or distributed; and

(f) any other matters specified in the regulations.

Related sections

• s 1013D — Product Disclosure Statement content—main requirements
• s 1013DA — Information about ethical considerations etc.
• s 1013E — General obligation to include other information that might influence a decision to acquire
• s 1013FA — Information not required to be included in PDS for continuously quoted securities
• s 1013G — Product Disclosure Statement must be dated
• s 1013GA — Extra requirements if Product Disclosure Statement relates to foreign passport fund products

Research how courts apply s 1013F

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.