Australia Corporations Act 2001 (Cth)
Chapter 7 Parts 7.8A, 7.9 and 7.9A: Design and distribution, product disclosure and product intervention – Australia Corporations Act 2001 (Cth)

Australia Corporations Act 2001 (Cth) s994B: s 994B Issuers: make an appropriate written target market determination before distribution, and publish it

An issuer who must prepare a PDS or disclosure document (or who issues or sells certain other products to retail clients, or is required by regulation) makes a target market determination before anyone engages in retail product distribution conduct (offence and civil penalty), except for excluded products such as MySuper products, margin lending and ordinary shares. The TMD is in writing and describes the class of retail clients in the target market, distribution conditions, review triggers, the maximum periods to the first and later reviews, the complaints reporting period, and the information distributors must report and when; the periods must be reasonable. It must be appropriate: product issued under the distribution conditions would likely reach the target market, and for the target market would likely be consistent with their likely objectives, financial situation and needs. The issuer makes the TMD publicly available free of charge (s 994B(9), offence and civil penalty). ASIC RG 274 (September 2024) sets out ASIC's expectations of product governance arrangements as guidance.

Maintained by Gerard Blokdyk

Other controls in Chapter 7 Parts 7.8A, 7.9 and 7.9A: Design and distribution, product disclosure and product intervention – Australia Corporations Act 2001 (Cth)

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