Clause 94

by deleting the words “or invitation” in the 2nd line of subsection (1) and substituting the words “of units in a collective investment scheme”;

by deleting the words “the responsible person for a collective investment scheme” in the 4th and 5th lines of subsection (1) and substituting the words “the person making that offer”;

by deleting the words “or matter” in subsection (1)(a);

by deleting the words “the responsible person for the scheme” in the 19th line of subsection (1) and substituting the words “the person”;

by deleting the words “an offer or invitation” of subsection (2) and substituting the words “the offer of units in a collective investment scheme”;

by deleting the words “the responsible person for a collective investment scheme” in the 4th line of subsection (2) and substituting the words “the person making that offer”;

by deleting the words “the responsible person” in the 7th line of subsection (2) and substituting the words “the person”;

by deleting the words “or invitation” in subsection (3)(c);

by inserting, immediately after the words “previous supplementary document” in subsection (3)(d), the words “in relation to the offer”;

by deleting subsection (6) and substituting the following subsection:“(6) The person making the offer of units in a collective investment scheme shall take reasonable steps —

to inform potential investors of the lodgment of any supplementary document or replacement document under subsection (1); and

to make available to them the supplementary document or replacement document.”;

by deleting paragraphs (a) and (b) of subsection (7) and substituting the following paragraphs:“(a)where the supplementary document is a supplementary prospectus, the prospectus in relation to the offer shall be taken to be the original prospectus together with the supplementary prospectus and any previous supplementary prospectus in relation to the offer; and

where the supplementary document is a supplementary profile statement, the profile statement in relation to the offer shall be taken to be the original profile statement together with the supplementary profile statement and any previous supplementary profile statement in relation to the offer.”;

by deleting subsection (8);

by inserting, immediately after the words “the prospectus” in subsection (9)(a), the words “in relation to the offer”;

by inserting, immediately after the words “the profile statement” in subsection (9)(b), the words “in relation to the offer”;

by deleting subsection (10) and substituting the following subsection:“(10) Where, prior to the lodgment of the supplementary document or replacement document under subsection (1), applications have been made under the original prospectus or profile statement for units in a collective investment scheme, the person making the offer of units in the scheme —

shall —

within 2 days (excluding any Saturday, Sunday or public holiday) from the date of lodgment of the supplementary document or replacement document, give the applicants notice in writing on how to obtain, or arrange to receive, a copy of the supplementary document or replacement document, as the case may be; and

take all reasonable steps to make available within a reasonable period the supplementary document or replacement document, as the case may be, to the applicants who have indicated that they wish to obtain, or who have arranged to receive, a copy of the supplementary document or replacement document; or

shall, within 7 days from the date of lodgment of the supplementary document or replacement document, give the applicants the supplementary document or replacement document, as the case may be.”;

by deleting the words “, (6) or (8)” in subsection (11) and substituting the words “or (6)”; and

by inserting, immediately after subsection (12), the following subsection:“(13) For the purposes of subsection (1)(a), the reference to a statement shall include a reference to any information presented, regardless of whether such information is in text or otherwise.”.