Corporations Regulations 2001

A person must make a target market determination for a financial product if:

the product is an interest in a managed investment scheme; and

the interest arises out of participation or proposed participation in an IDPS, but is not IDPS property; and

but for ASIC Class Order [CO 13/763], Part 7.9 of the Act would give rise to an obligation on a person to give another person a Product Disclosure Statement for the interest; and

the person is the operator of the IDPS.

The person must make the determination before any person engages in retail product distribution conduct in relation to the product: see subparagraph 994B(2)(b)(ii) of the Act.

The following terms used in this regulation have the same meaning as in the section 912AD set out in paragraph 6 of ASIC Class Order [CO 13/763]:

IDPS;

IDPS property;

operator, in relation to an IDPS.