28LBCCircumstances in which application form may include out‑of‑date Key Facts Sheet

#### 28LBC Circumstances in which application form may include out‑of‑date Key Facts Sheet (1) For the purposes of subsection 133BC(3) of the Act, a circumstance in which a licensee may make available an application form that includes a Key Facts Sheet containing information that has ceased to be up‑to‑date is that the information ceased to be up‑to‑date no more than 3 months before the day on which the licensee makes the application form available. (2) If the licensee makes the application form available by means that are under the licensee’s control, the period for which the licensee may make the application form available is 3 months after the day on which the information ceased to be up‑to‑date. (3) For the purposes of subsection 133BC(3) of the Act, a circumstance in which a licensee may make available an application form that includes a Key Facts Sheet containing information that has ceased to be up‑to‑date is that: (a) the application form forms part of an advertisement in a publication published by a third party who is authorised to act for the licensee; and (b) the licensee approved the application form for publication by the third party; and (c) the information in the Key Facts Sheet was up to date when the licensee approved the application form for publication; and (d) the expected date of publication of the advertisement was less than 30 days after the licensee approved the application form for publication.